Case ID:171580
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Alvin Mbae & 2 others v Kinyua Mukatha & 2 others [2021] eKLR
Case Metadata
Case Number:
Environment and Land Case 258 of 2017 (Formerly Meru ELC Case 116 of 2017)
Parties:
Alvin Mbae, Alice Mbiro (Thro’alvin Mbae as next friend), Wilson Mbaabu v Kinyua Mukatha, Monica K. Mugo & Anderson Nkonge Mugo
Date Delivered:
03 Mar 2021
Case Class:
Civil
Court:
Environment and Land Court at Chuka
Case Action:
Ruling
Judge(s):
Peter Muchoki Njoroge
Citation:
Alvin Mbae & 2 others v Kinyua Mukatha & 2 others [2021] eKLR
Court Division:
Environment and Land
County:
Tharaka Nithi
Case Outcome:
Application granted
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 CASE NO. 258 OF 2017
FORMERLY MERU ELC. CASE NO. 116 OF 2017
ALVIN MBAE....................................................................................1
ST
PLAINTIFF
ALICE MBIRO (THRO’ALVIN MBAE AS NEXT FRIEND) ........2
ND
PLAINTIFF
WILSON MBAABU..........................................................................3
RD
PLAINTIFF
VERSUS
KINYUA MUKATHA...................................................................1
ST
DEFENDANT
MONICA K. MUGO.....................................................................2
ND
DEFENDANT
ANDERSON NKONGE MUGO...................................................3
RD
DEFENDANT
RULING
1. This application is dated
1
st
March, 2021
and seeks the following orders:
1.THAT
due to the nature and the Urgency of the Instant application, the same be heard
Ex-Parte
and on priority basis.
2.THAT
this Honourable Court be pleased to Grant Leave for the firm of M/S WAKLAW Advocates to come on record for the Applicants/Defendants
and to act alongside,
the firm of Kiogora Mugambi & Co. Advocates in the Instant Suit.
3.THAT
this Honourable Court be pleased to recall the eviction Orders issued to BEELINE AUCTIONEERS and the same be allocated to by M/S QUICKLINE AUCTIONEERS.
4.THAT
this Honourable Court be pleased to direct the District Surveyor Meru South to visit the Suit Lands LR. MWIMBI/MURUGI/1715 and 1716 and its adjacent Land Parcels and
identify and restore the boundaries
as per the Registry Index Map (R.I.M) Sheet No. 18, Murugi Registration Section, for the purpose(s) of execution of the eviction Orders against the Respondents/Plaintiffs.
5.THAT
this Honourable Court be pleased to issue such further Orders that would be expedient to meet the ends of Justice in the Instant Suit.
6.THAT
the cost of this application be costs in the Cause.
2. The application has the following grounds:
a)
THAT
M/S BEELINE AUCTIONEERS have deliberately failed and/or ignored to execute this Honourable Court Orders issued on 2
nd
December 2020.
b)
THAT
it is in interest of Justice that the destroyed boundaries on LR. MWIMBI/MURUGI/1715 and 1716 be restored to facilitate the execution of this Honourable Court Orders issued on 2
nd
December 2020.
c)
THAT
unless the Orders sought are granted, the Court Orders issued on 2
nd
December 2020,
shall be in vain
and subject the Applicants/Defendants suffer irreparable loss and damage.
d)
THAT
the Respondents/Plaintiffs
and who have not Appealed against the Orders issued on 2
nd
December 2020,
will not suffer any prejudice if the Orders sought by the Applicants/Defendants are issued
Ex-Parte.
3. Mr. Kirimi Muturi the applicant’s advocate asked the court to grant prayers 2, 3 and 4. Prayer 2 was for his firm Waklaw Advocates to come on record for the applicants/defendants alongside the firm of Kiogora Mugambi.
4. I note that prayers 3 and 4 are meant to facilitate implementation of this court’s orders.
5. In the circumstances, I issue the following orders:
a) Prayers 2, 3 and 4 are granted but for prayer 3, there should be proper liaison with this court’s Deputy Registrar.
b) Costs shall be in the cause.
Delivered in open Court at Chuka this
3
rd
day of March, 2021
in the presence of:
CA: Ndegwa
Kirimi Muturi for the applicants
P. M. NJOROGE,
JUDGE.