Joseph Muthuri Ikunyua v James Mwiteri Kinyua & 3 Others [2016] KEHC 6767 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO 135 OF 2009 (OS)

JOSEPH MUTHURI IKUNYUA …...................................................PLAINTIFF

VERSUS

JAMES MWITERI KINYUA & 3 OTHERS...................................DEFENDANT

R U L I N G

This Preliminary Objection is dated 17th April, 2015.

It states:-

“TAKE NOTICE:-  that  Counsel  for the Defendant shall prior to the hearing of this suit raise and urge the following Preliminary Objection on a point of  law.

THATthe entire suit is fatally defective and  bad in Law for  being res judicata MERU H.C SUCCESSION CAUSE NO 339 of 2005.

REASONS WHEREFORE:- The defendants  pray that this suit be dismissed with costs”.

On 17/02/2015  when the Preliminary Objection  was to be heard, Mr. Muriithi asked the Court to have it marked withdrawn and settled so that the suit could be heard on its merits.  There was no objection to the withdrawal.

It is ordered as follows:-

The Defendants Preliminary Objection dated 17/4/2015 is marked as withdrawn and settled.

The Plaintiff is awarded todays costs assessed at  Kshs. 1000/=  to be paid before the matter is next mentioned in Court.

Parties to fully comply with orders 3, 7, and 11,  CPR , as the case may be within the next 60 days

Directions on 17/5/2016. `

Delivered in open Court at Meru this 17th  day of February, 2016 in the presence of:

CC: Daniel/Lilian

Joseph Muthuri for Plaintiff

Muriithi for Defendants

P.M NJOROGE

JUDGE