Faith Karambu, James Murian M’imukuu, Nancy Ikolomi Mithaka, George Mwingirwa M’imukuu, Edward Gikundi M’imukuu, Jane Kananu M’imukuu & Jotham Mwenda M’imukuo v Eunice Wambui Mukiri, James Mwenda, Martha Mukoruru Mukaria, Muriungi Anjelio, Mutirithia Kiraithe, Moses Kithinji Lithara, Florence Muthoni Kithinji, Edward Ndeke Kiriungi, Christine Karwitha Mbaabu, Stanley Mwenda Joshua, Maritha Inko M’ambutu, Geoffrey Kithinji M’twaruchiu, Kenneth Munene, Naman Mutuma Mugaa, Nicholas Mutethia, Gedion Kaindio Maingi, Meru County Government, Land Registrar Meru North & Attorney General [2021] KEELC 2829 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
MERU ELC SUIT NO. E020 OF 2021
FAITH KARAMBU ....................................................1ST PLAINTIFF /APPLICANT
JAMES MURIAN M’IMUKUU...................................2ND PLAINTIFF/APPLICANT
NANCY IKOLOMI MITHAKA.................................3RD PLAINTIFF/APPLICANT
GEORGE MWINGIRWA M’IMUKUU....................4TH PLAINTIFF/APPLICANT
EDWARD GIKUNDI M’IMUKUU...........................5TH PLAINTIFF/APPLICANT
JANE KANANU M’IMUKUU...................................6TH PLAINTIFF/APPLICANT
JOTHAM MWENDA M’IMUKUO..........................7TH PLAINTIFF/APPLICANT
VERSUS
EUNICE WAMBUI MUKIRI...............................1ST DEFENDANT/RESPONDENT
JAMES MWENDA................................................2ND DEFENDANT/RESPONDENT
MARTHA MUKORURU MUKARIA.................3RD DEFENDANT/RESPONDENT
MURIUNGI ANJELIO.........................................4TH DEFENDANT/RESPONDENT
MUTIRITHIA KIRAITHE.................................5TH DEFENDANT/RESPONDENT
MOSES KITHINJI LITHARA............................6TH DEFENDANT/RESPONDENT
FLORENCE MUTHONI KITHINJI..................7TH DEFENDANT/RESPONDENT
EDWARD NDEKE KIRIUNGI..........................8TH DEFENDANT/RESPONDENT
CHRISTINE KARWITHA MBAABU...............9TH DEFENDANT/RESPONDENT
STANLEY MWENDA JOSHUA.......................10TH DEFENDANT/RESPONDENT
MARITHA INKO M’AMBUTU.......................11TH DEFENDANT/RESPONDENT
GEOFFREY KITHINJI M’TWARUCHIU......12TH DEFENDANT/RESPONDENT
KENNETH MUNENE........................................13TH DEFENDANT/RESPONDENT
NAMAN MUTUMA MUGAA...........................14TH DEFENDANT/RESPONDENT
NICHOLAS MUTETHIA..................................15TH DEFENDANT/RESPONDENT
GEDION KAINDIO MAINGI.........................16TH DEFENDANT/RESPONDENT
MERU COUNTY GOVERNMENT................17TH DEFENDANT/RESPONDENT
THE LAND REGISTRAR MERU NORTH.-18TH DEFENDANT/RESPONDENT
THE HON. ATTORNEY GENERAL............19TH DEFENDANT/RESPONDENT
RULING
1. This application states that it has been brought to court under Order 40 Rule 1, 2 and 3, Order 51 of the Civil Procedure Rules 2010, Section 68, 69 and 70 of the Land Registration Act 2012, and sections 3A and 63 (e) of the Civil Procedure Act Cap 21 and any other enabling provisions of the law.
2. The application seeks the following orders:-
1. That this application be certified urgent and service thereof be dispensed with in the first instance.
2. That this honourable court be pleased to issue conservatory orders in the nature of an inhibition against the respondents by themselves, their agents, servants, employees, transferees, family members, purchasers or anyone acting on their behest restraining them from any dealings with the register of the titles to land parcels Nos.
Thau/Mumui/230,
Thau/Mumui/321
Thau/Mumui/398
Thau/Mumui/409
Thau/Mumui/Thau/Mumui/411
Thau/Mumui/412
Thau/Mumui/475
Thau/Mumui/476
Thau/Mumui/478
Thau/Mumui/479
Thau/Mumuiu/480
Thau/Mumui/504
Thau/Mumui/694
Thau/Mumui/695
Thau/Mumui/696
Thau/Mumui/697 and
Thau/Mumui/698 pending the hearing and determination of the application herein and the main suit.
3. That this honouable court be pleased to issue injunctive orders restraining the Respondents by themselves, their agents, servants, employees, transferees, family members, purchasers and/or anyone acting on their behest from entering, trespassing, cultivating, alienating, constructing, selling and/or interfering with the quite user and occupation of the applicants or otherwise dealing in any way with the applicants’ parcels of land known as:
Thau/Mumui/230,
Thau/Mumui/321
Thau/Mumui/398
Thau/Mumui/409
Thau/Mumui/Thau/Mumui/411
Thau/Mumui/412
Thau/Mumui/475
Thau/Mumui/476
Thau/Mumui/478
Thau/Mumui/479
Thau/Mumuiu/480
Thau/Mumui/504
Thau/Mumui/694
Thau/Mumui/695
Thau/Mumui/696
Thau/Mumui/697 and
Thau/Mumui/698 pending the hearing and determination of this application and the main suit herein.
4. Costs of this application be provided for.
3. This application is supported by the affidavit of Faith Karambu, the 1st defendant and has the following grounds:
a) The 1st Applicant is the actual bona fide and legal owner of the parcels of land known as Thau/Mumui/230, Thau/Mumui/321 and Thau/Mumui/398 which land has been illegally and unprocedurally registered in the names of the 1st, 2nd and 3rd respondents.
b) The 2nd Applicant is the actual bona fide and legal owner of the parcels of land known as Thau/Mumui/409, Thau/Mumui/Thau/Mumui/411 and Thau/Mumui/412 which land has been illegally and unprocedurally registered in the names of the 4th, 5th and 6th respondents.
c) The 3rd Applicant is the actual bona fide and legal owner of the parcels of land known as Thau/Mumui/475, Thau/Mumui/476 and Thau/Mumui/478 which land has been illegally and unprocedurally registered in the names of the 7th, 8th and 9th respondents.
d) The 4th Applicant is the actual bona fide and legal owner of the parcels of land known as Thau/Mumui/479 and Thau/Mumui/480 which land has been illegally and unprocedurally registered in the names of the 10th and 11th respondents.
e) The 5th Applicant is the actual bona fide and legal owner of the parcels of land known as Thau/Mumui/504 and Thau/Mumui/694, which land has been illegally and unprocedurally registered in the names of the 12th and 13th respondents.
f) The 6th applicant is the actual bona fide and legal owner of the parcels of land known as Thau/Mumui/695 and Thau/Mumui/696 which land has been illegally and unprocedurally registered in the name of the 14th and 15th respondents.
g) The 7th applicant is the actual bona fide and legal owner of the parcels of land known as Thau/Mumui/697 and Thau/Mumuui/698 which land has been illegally and unprocedurally registered in the names of the 16th and 17th respondents.
h) That the respondents have no title, interest, nexus or claim whatsoever relating to the aforementioned parcels of land all of which legally belong to the applicants herein by virtue of the fact that the said parcels all belonged to the applicants’ deceased father, one M’Imukuu Mwenda Ngambe as one whole parcel of land measuring approximately 9. 24 Ha which the applicant’s deceased father acquired back in 1979 through gathering.
i) That the respondents have conspired to have the said parcel of land illegally and secretly transferred into their respective names without consent, color or right and/or authority.
j) That the respondents have illegally acquired title deeds to the disputed parcels of land in a bid to deprive the applicants of their respective proprietary rights.
k) That unless inhibition and injunctive orders are issued, the applicants and their families will suffer irreparable loss and damage.
4. At the ex-parte stage M/s Mwiti told the court that at that stage she only sought prayer No. 2 for inhibition after which she would serve the application upon the respondents for interpartes hearing.
5. I issue the following orders.
a) Prayer 2 for inhibition is granted.
b)The application will be heard interpartes by an ELC Judge at Meru on 21st September, 2021.
Written and delivered in open Court at Chuka this 21st day of June, 2021 in the presence of:
CA: Ndegwa
M/s Mwiti for the applicants
P. M. NJOROGE,
JUDGE.