Hellen Wanjiru Kiragu and Mary Njeri Kiragu (Suing as the Legal Representatives of the Estate of the late James Kiragu Kigotho (Deceased) James Ndung’u Muringu [2015] KEHC 1182 (KLR)

REPUBLIC  OF  KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA

AT  NAKURU

ELC NO 152  OF 2013

HELLEN  WANJIRU   KIRAGU and  MARY NJERI  KIRAGU (suing  as the legal  representatives

of the estate  of the late  JAMES  KIRAGU  KIGOTHO(Deceased)......................…..PLAINTIFFS

VERSUS

JAMES NDUNG’U MURINGU………………....................................................................…DEFENDANT

RULING

(Application to amend defence; application not opposed; application allowed)

1. The application before me is that dated 27 July 2015 filed by the defendant. It is an application seeking leave to amend the defence .

2. The suit itself was commenced by way of a plaint filed on 8 February 2013. The case of the plaintiffs is that they are bona fide owners of the land parcel Miti Mingi/Mbaruk Block 5/36 (Kiungururia) having acquired it in the year 1991. It is averred that the plaintiffs were in quiet possession until the year 2011 when the defendant started laying claim over it. The plaintiff conducted a search and discovered that the defendant has obtained title to the land which is averred to have been obtained fraudulently. In the case, the plaintiffs want the defendant's title cancelled.

3. The defendant filed defence and counterclaim. He averred that he obtained title to the land in the year 2007 after purchasing it in a public auction. In his counterclaim, the defendant asked for eviction and injunction against the plaintiffs.

4. I have seen the proposed amendments to the defence. It seems to me that the defendant wishes to add a prayer for permanent injunction against the plaintiffs. There are also other minor amendments to the wordings in the original pleadings.

5. The application for amendment is not opposed and on my part I have no reason to deny it. I therefore allow the application for amendment of defence. I direct that the amended defence and counterclaim be formally filed and served in 14 days. The defendant will however bear the costs of this application.

6. It is so ordered.

Dated signed and delivered in open court  at  Nakuru  this  5th  day  of   November  2015

MUNYAO SILA

JUDGE

ENVIRONMENT & LAND COURT

AT NAKURU

In presence  of  : -

N/A for M/s Ndungu Njuguna & Co for defendant/applicant

N/A for M/s Hari Gakinya & Co for plaintiffs/respondent

Court   Assistant:  Janet

MUNYAO SILA

JUDGE

ENVIRONMENT & LAND COURT

AT NAKURU