Case ID:171311

M’Muchiri Mukindia v Josephine Mary Gaaji &

another [2021] eKLR

Case Metadata

Case Number:

Environment and Land Civil Appeal 77 of 2017 (Formerly Meru E.L.C (CA 54 of 2013)

Parties:

M’Muchiri Mukindia v Josephine Mary Gaaji & Njeru Eustus Miriti

Date Delivered:

03 Mar 2021

Case Class:

Civil

Court:

Environment and Land Court at Chuka

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

M’Muchiri Mukindia v Josephine Mary Gaaji &

another [2021] eKLR

Court Division:

Environment and Land

County:

Tharaka Nithi

Case Outcome:

Application 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 E.L.C CIVIL APPEAL NO 77 OF 2017

FORMERLY MERU E.L.C (CA NO 54 OF 2013)

M’MUCHIRI MUKINDIA.............APPELLANT/RESPONDENT

VERSUS

JOSEPHINE MARY GAAJI...............................RESPONDENT

NJERU EUSTUS MIRITI........................................APPLICANT

RULING

1. This application is dated

24

th

February, 2021

. It seeks the following orders:

1.That

the court be pleased to certify the instant application as urgent and service of the same be dispensed with in the first instance.

2.That

the deputy registrar of this court be authorized to execute all the necessary documents to transfer portions of land measuring 3.21 acres out of land parcel LR; MUTHAMBI/CHAMUNGA/195 from the respondent to the applicant and josphine mary gaaji in equal shares.

3.That

the land registrar Meru South/Maara Sub Counties be directed and/or authorized to dispense with the original title deed to land parcel LR; MUTHAMBI/CHAMUNGA/195 when implementing orders of this court and in particular prayer 2 herein above.

4.Cost

of this application be provided for.

2. The applicant, Njeru Eustus Miriti asked the court to direct that the Deputy Registrar of this court signs the necessary documents because the respondent M’Muchiri Mukindia had refused to do so.

3. I note that this application seeks to facilitate the execution of a court order.

4. In the circumstances, the following orders are issued:

a. Prayers 2 and 3 granted.

b. I issue no order as to costs.

Delivered in open Court at Chuka this 3

rd

day of March, 2021

in the presence of:

CA: Ndegwa

Njeru Eustus Miriti (Applicant) present

P. M. NJOROGE,

JUDGE.