Alice Kambura (Suing as the legal representative of the estate of Norman Ntongai alias Ntongai Ambau – Deceased) v. Evangeline Gatitu Kirera & Joseph Bundi (2018) eKLR

Court
Environment and Land Court at Meru
Category
Civil
Judge(s)
Hon. Lucy N. Mbugua
Judgment Date
December 09, 2019
Country
Kenya
Document Type
PDF
Number of Pages
3





REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 50 OF 2018
ALICE KAMBURA (Suing as the legal representative of the estate of
NORMAN NTONGAI alias NTONGAI
AMBAU – Deceased)...............................................PLAINTIFF
VERSUS
EVANGELINE GATITU KIRERA.....................1ST DEFENDANT
JOSEPH BUNDI.............................................2ND DEFENDANT
RULING
1. Having perused the scene visit report dated 15.7.2019, I find that plaintiff is the one apparently in utilization and occupation of the suit land. It however appears that there is a need to have the input of the experts to demarcate or point out the actual boundaries of the two parcels.
2. In the circumstances I proceed to give the following directions:
1) The application dated 4.12.2018 is marked as SPENT in terms of the scene visit report whereby the status quo is to be maintained until this matter is determined.
2) I direct that the county surveyor and the county land registrar do visit the scene and clearly mark out the boundaries of the suit land and file a report thereof.
3) The parties herein to meet the costs of the scene visit.
4) Meanwhile, the defendants would file their statement of defence forthwith and in any event within 14 days.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 9TH DECEMBER, 2019 IN THE PRESENCE OF:-
C/A: Kananu
M. Kariuki for plaintiff


Plaintiff
Defendants
HON. LUCY. N. MBUGUA
ELC JUDGE


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