Case ID:171580

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.