Case ID:167874

Republic v Land Adjudication Officer Meru South/Maara District; M’Riba Rumukia & another (Interested Parties) Ex Parte Zachary Njeru Mugambi & 2 others [2020] eKLR

Case Metadata

Case Number:

Environment and Land Judicial Review Case 21 of 2017

Parties:

Republic v Land Adjudication Officer Meru South/Maara District; M’Riba Rumukia & Mwenda Kajogi (Interested Parties) Ex Parte Zachary Njeru Mugambi, M’ndereba Magiri & Francis Kaburu Johnson

Date Delivered:

15 Dec 2020

Case Class:

Civil

Court:

Environment and Land Court at Chuka

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Republic v Land Adjudication Officer Meru South/Maara District; M’Riba Rumukia & another (Interested Parties) Ex Parte Zachary Njeru Mugambi & 2 others [2020] eKLR

Court Division:

Environment and Land

County:

Tharaka Nithi

Case Outcome:

Application partly allowed.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC JUDICIAL REVIEW CASE NO. 21 OF 2017

FORMERLY MERU ELC JUDICIAL REVIEW CASE NO. 615 OF 2013

REPUBLIC....................................................................................APPLICANT

VERSUS

LAND ADJUDICATION OFFICER

MERU SOUTH/MAARA DISTRICT....................................RESPONDENT

M’RIBA RUMUKIA............................................1

ST

INTERESTED PARTY

MWENDA KAJOGI...........................................2

ND

INTERESTED PARTY

EX-PARTE:

ZACHARY NJERU MUGAMBI.........................................1

ST

APPLICANT

M’NDEREBA MAGIRI.......................................................2

ND

APPLICANT

FRANCIS KABURU JOHNSON........................................3

RD

APPLICANT

RULING

1. This application has been brought to court by way of Chamber Summons under sections 3 and 3A of the Civil Procedure Act.

2. The application is dated

10

th

December, 2020

and seeks the following orders:

1. The honourable court be pleased to hear this application on priority basis.

2. The honourable court be pleased to order for the lifting of restrictions placed on L.R. Muthambi/L-Kandungu/87 by the chief land registrar.

3. The honourable court be pleased to authorize the court executive officer to sign the mutation forms of L.R. No. Muthambi/L.Kandungu/87 on behalf of the 1

st

and 2

nd

Interested Parties who have refused to sign the same.

4. Costs be provided for.

3. The application has the following grounds:

A. The surveyor is unable to implement the court orders due to the restriction on the title and due to the failure of some parties to sign the mutation.

B. This order is for purposes of implementing the decree of this court and as such no party will be prejudiced by the orders sought.

4. The application is buttressed by the affidavit of

FRANCIS KABURU

JOHNSON

sworn on

10

th

December, 2020

, which states:-

I, FRANCS KABURU JOHNSON of P. O. Box 171 Chuka

, do make oath and state as follows:-

1. That I am the applicant herein and thus competent to swear this affidavit.

2. That pursuant to this court’s orders to combine and distribute L.R. No. Muthambi/L-Kandungu/87 the surveyor has done the mutation but he is unable to register the same because there is a restriction on the title and because the 1

st

and 2

nd

interested parties have declined to sign the mutation forms (annexed is the search certificate marked F.K. ‘1’).

3. That the orders sought herein are merely to help implement the decree of this court and will not prejudice any of the parties if granted.

4. That all what is deponed to herein is true to the best of my knowledge, belief and understanding.

5. The court notes that the application is meant to facilitate implementation of court orders.

6. Prayer 1 in the application is spent because the application has been heard on a priority basis in chambers during these Covid-19 times.

7. The following orders are issued:

a) Prayers 2 and 3 are hereby granted.

b) I issue

NO

order regarding costs.

Delivered in Chambers at Chuka this 15

th

day of December, 2020

in the presence of:

CA: Ndegwa

P. M. NJOROGE,

JUDGE.