Jediel Miriti Nyaga (Suing as the legal representative of the Estate of Alice Nyaga) v County Government of Tharaka Nithi & Phineas Njage Ndubi [2017] KEELC 1104 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA MISC. ELC CASE NO.04 OF 2017

FORMERLY MERU MISC ELC CASE NO.11 OF 2011

JEDIEL MIRITI NYAGA (SUING AS THE LEGAL REPRESENTATIVE OF

THE ESTATE OF ALICE NYAGA)……………………......….APPLICANT

VERSUS

COUNTY GOVERNMENT OF THARAKA NITHI.......1ST RESPONDENT

PHINEAS NJAGE NDUBI...........................................2ND RESPONDENT

RULING

1. I had made a ruling on 27th September, 2017. Consequent upon that  Ruling, the District Surveyor, Chuka has made a report in the following terms:

Deputy Registrar

High court of Kenya at Chuka

RE: ELC CASE NO. 4 OF 2017

Pursuant to the court ruling delivered in open court at Chuka on 27. 9.2017, I would like to report to you as follows:

i) The 6m road of access leading to parcel number Mwimbi/Chogoria/497 has been provided from Mwimbi/Chogoria/3502, as directed by the Honourable Judge of the Environment and Land Court.

ii) The 6m road of access is open and properly demarcated on the ground.

iii) The upshot is that Mr. Phineas Ndubi has complied with the ruling.

iv) The exercise was done on 11. 10. 2017.

Kind regards.

Ken O. Opuge

District Surveyor, Chuka

Copied to:

District Land Registrar, Chuka

Physical Planner – Tharaka Nithi County Government.

2. The court’s orders have been obeyed. This matter is recorded as having been settled. The file should be closed.

3. It is so ordered.

Delivered in open court at Chuka this 2nd day of November, 2017 in the presence of:

CA: Ndegwa

Miss Njenga h/b Mwanzia for the 2nd Respondent

Jediel Miriti Njaga – Applicant

Phineas Njagi – 2nd Respondent

Mwiti for the Applicant

P.M. NJOROGE

JUDGE