John Kiprono Keter v Maurice Ogero Nyakundi [2017] KEELC 2112 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KITALE

LAND CASE NO. 54 OF 2017

JOHN KIPRONO KETER…………………………….PLAINTIFF

VERSUS

MAURICE OGERO NYAKUNDI………………........DEFENDANT

R U L I N G

1. The suit herein was commenced by way of plaint dated 16/3/2017 on 17/3/2017.  By the order of this court dated 13/7/2017 in this matter this court ordered that the ruling in this case and in ELC No. 53/2017 would be delivered together. The preliminary objection in that suit, which is similar to the one herein, was argued on the same day as the instant objection.

2. I have already dismissed the preliminary objection in ELC No. 53/2017 on the basis that the same does not fit the proper description of a preliminary objection.

3. The preliminary objection raised here is on exactly the same terms as that one raised in ELC No. 53/2017for understandable reasons: The subdivision process in respect of parcel no 309 which gave birth to parcel No. 352 which is the subject matter of ELC No. 53/2017is the same one that gave rise to parcel No 353. This preliminary objection cannot be sustained for the same reasons as those that I gave in ELC No. 53/2017.

4. Accordingly, the preliminary objection is hereby struck out. The Notice of Motion dated 16/3/2017 shall proceed to hearing on its merits. There shall be no orders as to costs.

Dated, signed and delivered at Kitale on this 31stday of July, 2017.

MWANGI NJOROGE

JUDGE

Ruling read in open court in the absence of the parties who had been notified of the date but failed to turn up.

Court Assistant – Isabellah.

MWANGI NJOROGE

JUDGE

31/07/2017.