Grace Wambui Kamau (Suing on behalf of Riruta Satelite Women Group) v Philomena Wambui [2020] KEELRC 33 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MILIMANI

ELC. MISC. CAUSE NO. 17 OF 2009

IN THE MATTER OF THE LIMITATION OF ACTIONS ACT (CAP 22) LAWS OF KENYA

AND

IN THE APPLICATION BY RIRUTA SATELLITE WOMEN UMOJA GROUP

UNDERSECTON 38 OF THE LIMITATION OF ACTIONS ACT FOR

REGISTRATION OF TITLE TO LAND

GRACE WAMBUI KAMAU.............................................................................PLAINTIFF

(Suing on behalf of Riruta Satelite Women Group)

VERSUS

PHILOMENA WAMBUI.................................................................................DEFENDANT

RULING

The Plaintiff brought the application dated 3/3/2020 seeking to have the order of Nyamweya J. made on 13/3/2014 discharged and to have the original title deed in respect of Dagoretti/Riruta/S.68 (“the Suit Property”) deposited in court pursuant to the order of 13/3/2014 released to the Plaintiff.

The application was made on the grounds that this court gave judgment in favour of the Plaintiff and restrained the Defendant from interfering with the Plaintiff’s quiet possession of the Suit Property.

The court has looked at the order made by Nyamweya J. on 13/3/2014. The parties agreed to have the original title deed issued to the Plaintiff over the Suit Property deposited in court for safe keeping and the issue of costs was to be agreed upon when the suit was finalised.

The court allows prayer 2 of the application. The original title deed deposited in court for safe keeping pursuant to the order of 13/3/2014 will be released to the Plaintiff forthwith.

Delivered virtually at Nairobi this 5th day of October, 2020.

K. BOR

JUDGE

In the presence of: -

Mr. K. Wekesa holding brief for Mr. A. Karani for the Plaintiff

No appearance for the Defendant

Mr. V. Owuor- Court Assistant