Hellen Karemu Muriira v Raphael Muturi Njogu [2015] KEHC 2874 (KLR)

REPUBLIC OF  KENYA

IN THE HIGH COURT OF KENYA

AT MERU

CIVIL SUIT NO  138 OF 2014 (O.S)

IN THE MATTER OF L.R. NO. ABOGETA/NKACHE/660

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

AND

IN THE MATTER OF THE REGISTERED LANDS ACT CAP 300 LAWS OF KENYA

AND

IN THE MATTER OF ORDER 37 OF THE CIVIL PROCEDURE RULES

BETWEEN

HELLEN KAREMU MURIIRA...............................PLAINTIFF

VERSUS

RAPHAEL MUTURI NJOGU.............................DEFENDANT

RULING

Mr. Mutegi Mugambi , Advocate for the Defendant, on 22/09/15 through an oral application asked the Court to clarify which of the Interim Orders, the ones issued by this Court on 12/8/2015 and the ones issued by the ELC Court at Nyeri, upon an application during the vacation filed by the Plaintiff are extant.  I clarify as follows:-

1. The ELC Court at Nyeri did not have powers to vacate orders  of a Court of a horizontal Jurisdiction at the Interlocutory Stage.

2. I clarify that the extant orders are those that this Court granted on 12/08/2015.

3. On 12/08/2015, when the extant orders were issued the Court noted that the Plaintiff had completely refused and failed to abide by this Court's orders issued on 7/7/2015 and as a result had not complied with Order 11 of the Civil Procedure Rules within the time stipulated by the Court Order. As a result the defendant could not comply with order 11 of the Civil Procedure Rules.

It is so clarified and ordered.

Delivered in open Court at Meru this 22nd day of July, 2015  in the presence of:-

CC: Daniel /Lilian.

Mutegi Mugambi for the Defendant.

Mutuma holding brief for Kirimi Mbogo for the Plaintiff.

P.M NJOROGE

JUDGE