Catherine Wanja Njoka & another v John Njagi Dan [2020] eKLR

Court
Environment and Land Court at Chuka
Category
Civil
Judge(s)
P. M. Njoroge
Judgment Date
September 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 24 OF 2019
IN THE MATTER OF SECTON 28(H) OF THE LAND REGISTRATION ACT NO. 3 OF 2012
AND IN THE MATTER OF ORDER 37 RULE 7 OF THE CIVIL PROCEDURE RULES 2010
AND IN THE MATTER OF SECTION 38 OF THE LIMITATION OF ACTIONS ACT
CATHERINE WANJA NJOKA.................1ST PLAINTIFF
DOROTHY KAGENDO MURIUKI........2ND PLAINTIFF
VERSUS
JOHN NJAGI DAN....................................DEFENDANT

RULING
1. This application is dated 17th December, 2019 and seeks orders:
1. That this application be certified urgent.
2. That pending the interpartes hearing of this application an order of inhibition do issue restraining the registration of dealings in respect of L.R. No. Karingani/Ndagani/91.
3. That pending the hearing and determination of this application and the main suit an order of inhibition do issue restraining the registration of dealings in respect of L.R. No. Karingani/Ndagani/91.
4. That costs of this application be in the cause.
2. The application has the following grounds:
1. That the defendant is the registered owner of the suit lands.
2. That the plaintiffs have continuously occupied a portion measuring approximately two (2) acres in the suit land for a period exceeding twelve (12) years.
3. That the plaintiffs lay claim to ownership of a portion measuring two (2) acres from the suit land predicated on the doctrine of adverse possession.
4. That in order to preserve the suit property prior to the hearing of the plaintiffs claim it is necessary that an order of inhibition be issued.
3. When the application was slated for interpartes hearing on 23.9.2020, the parties consented to have the application allowed so that they could, without delay, canvass a Preliminary Objection against the entire suit filed by the defendant.
4. Consequently, the following orders are issued:
a. The application is allowed with costs to be in the cause.
b. The Preliminary Objection filed by the defendant and dated 2nd June, 2020 will be canvassed first with the proponent filing his submissions within the next 7 days and the plaintiffs doing so within 7 days after receipt of the proponents written submissions.
c. Parties will come to court to confirm filing of submissions on 12.10.2020.

Delivered in open Court at Chuka this 23rd day of September, 2020 before:
CA: Ndegwa
Mark Muriithi for the plaintiffs
Muthomi Gitari for the defendant
P. M. NJOROGE,
JUDGE

Document Summary

Below is the summary preview of this document.

  • Catherine-Wanja-Njoka--another-v-John-Njagi-Dan-[2020]-eKLR_811_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries