Andrew Murithi M'Ndegwa, Cecilia Kinya M'Ndegwa & Grace Karwirwa M'Ndegwa v Frankline Mutuma Nkonge & Joseph Nkonge M'Arithi [2016] KEELC 1215 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ENVIRONMENT AND LAND DIVISION

CIVIL SUIT NO 129 OF 2013(O.S)

IN THE MATTER OF LIMITATION OF ACTIONS ACT CAP 22 LAW OF KENYA

AND

IN THE MATTER OF LAND REGISTRATION ACT, 2012

AND

IN THE MATTER OF  LAND ACT 2012

ANDREW MURITHI M'NDEGWA …...................1ST APPLICANT/PLAINTIFF

CECILIA KINYA M'NDEGWA...............................3RD APPLICANT/PLAINTIFF

GRACE KARWIRWA M'NDEGWA......................4TH APPLICANT/PLAINTIFF

VERSUS

FRANKLINE MUTUMA NKONGE................1ST RESPONDENT/DEFENDANT

JOSEPH NKONGE M'ARITHI.......................2ND RESPONDENT/DEFENDANT

R U L I N G

This application is dated 10/11/2015.  It seeks orders:-

THATthis Honourable Court be pleased to grant to the Plaintiff's herein leave  to put in a witness statement annexed hereto and call one more witness in this matter.

THATthe cost of this application be in the cause.

The application is supported by the Affidavit  of the Plaintiff and  has the following grounds:-

THATthe Plaintiff's claim  is founded on the Law of adverse  possession and therefore the need to call witness (sic).

THATthe Court need to be fully furnished with all the evidence available to be able to make a well informed  decision.

THATthe Defendant's shall not be prejudiced as they are free to call any further  evidence  if they wish.

THATthis Honurable Court directed the Plaintiffs to file a formal Application for leave.

On 10/2/2016 the  parties proffered  a Consent  which they prayed the Court to adopt as  its order.  The Consent  is in the following  terms:-

“CONSENT

By Consent:

THAT  the Notice of Motion application dated 10/11/2015 be allowed as prayed”.

The Consent is hereby adopted as an order of this Court.

It is so ordered.

Delivered  in Open Court at Meru this 10th day of February, 2016  in the presence of:

CC: Daniel /Lilian

Gikunda Anampiu for the Applicants

Murithi for the Respondent.

P. M. NJOROGE

JUDGE