Japheth Kahindi Mungela, Charo Kahindi Mungela, Ali Kahindi Mungela, Albert Mungela, Kambi Masha, Kadzitu Kombe, Katsele Ali v Kitsao Ngonyo Hinzano & Harrison Kombe [2017] KEELC 1385 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MALINDI

ELC CASE NO. 246 OF 2014 (O.S)

IN THE MATTER OF PORTION NO. 127 MALINDI

AND

IN THE MATTER OF SECTION 38 OF LIMITATION OF ACTIONS ACT CAP 22, LAWS OF KENYA

AND

IN THE MATTER OF AN APPLICATION FOR DECLARATION THAT THE PLAINTIFFS HAVE OBTAINED TITLE OVER PORTION NO. 138/1/2/3 MALINDI BY ADVERSE POSSESSION

BETWEEN

JAPHETH KAHINDI MUNGELA .....................1ST PLAINTIFF/APPLICANT

CHARO KAHINDI MUNGELA.........................2ND PLAINTIFF/APPLICANT

ALI KAHINDI MUNGELA ...............................3RD PLAINTIFF/APPLICANT

ALBERT MUNGELA .......................................4TH PLAINTIFF/APPLICANT

KAMBI MASHA .............................................5TH PLAINTIFF/APPLICANT

KADZITU KOMBE .........................................6TH PLAINTIFF/APPLICANT

KATSELE ALI ................................................7TH PLAINTIFF/APPLICANT

VERUS

KITSAO NGONYO HINZANO .............1ST DEFENDANT/RESPONDENT

HARRISON KOMBE ..........................2ND DEFENDANT/RESPONDENT

RULING

1. This Ruling is in respect to the 1st Defendant’s Preliminary Objection dated 14th April, 2016 in which the 1st Defendant has averred that this suit is sub judice in view of Malindi CMCC No. 160 of 2010.

2. Although the parties were to argue the Preliminary Objection by way of written submissions, I have not seen the said submissions on record.

3. In the absence of those submissions, the Preliminary Objection is struck out with no order as to costs.

DATED AND SIGNEDATMACHAKOSTHIS2NDDAY OFMAY, 2017.

O. A. ANGOTE

JUDGE

DATED, DELIVEREDANDSIGNEDATMALINDITHIS12THDAY OFMAY, 2017.

J.O. OLOLA

JUDGE