Eric Mutwiri Kinyua v Kirai M'mweria [2017] KEELC 3762 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ENVIRONMENT AND LAND  COURT

CIVIL SUIT 18 OF 2015 (OS )

IN THE MATTER OF SECTION 37 & 38 OF THE LIMITATION OF ACTION ACT

AND

IN THE MATTER OF ADVERSE POSSESSION OF LR. ABOTHUGUCHI/GITHONGO/1147

ERIC MUTWIRI KINYUA ….........APPLICANT

VERSUS

KIRAI M'MWERIA ….................RESPONDENT

R U L I N G

I  find that the Preliminary Objection is dated  04:04:16  and it was filed on 15:04:16.  Respondent was given adequate time  to prosecute  the said Preliminary Objection. No. plausible explanation has been advanced as to why  the orders of 29. 11. 16  were not complied with. As such, I decline to  grant any more time. Instead, I direct the matter to proceed as if the Preliminary Objection is not there.

DELIVERED IN OPEN COURT AT MERU THIS 27TH DAY OF FEBRUARY, 2017 IN THE PRESENCE OF:-

C:A Mungai/Kananu

W. P. Mburugu  for Applicant

Muthamia h/b Mokua for the Respondent

L. N. MBUGUA

JUDGE