Magambo Thambo v Dickson Kirimi Ikiara,Dlaso Meru South/Maara Sub County & Attorney General [2017] KEELC 1775 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 87 OF 2017
MAGAMBO THAMBO………….………………..…PLAINTIFF
VERSUS
DICKSON KIRIMI IKIARA……….....….....1ST DEFENDANT
DLASO MERU SOUTH/MAARA
SUB COUNTY………...….........................2ND DEFENDANT
HON. ATTORNEY GENERAL………......3RD DEFENDANT
RULING
1. This application is dated 22nd August, 2017. It seeks orders:
1. That leave be granted to the plaintiff to request for interlocutory judgment against the 2nd and 3rd defendant.
2. That costs of this application be borne by the 2nd and 3rd defendants.
2. I have perused the plaint which seeks judgment jointly and severally against the defendants:
a) That the plaintiff is the bonafide owner of land parcel No. 2049 L/East/Magutuni.
b) Costs of this suit and interest at prevailing commercial rates.
c) Any other better relief that this Honourable court may deem fit and just to grant.
3. It is pellucid that the prayers sought do not come within the purvew of the provisions of order 10 rule 6 of the Civil Procedure Rules.
4. Therefore, this application lacks merit.
5. This application is dismissed.
6. The 2nd and 3rd defendants are granted, at their request, 7 days to file apposite documents.
7. The plaintiff is granted 7 days, as he has requested, to serve the next date for directions upon the 1st defendant.
8. Costs shall be in the cause.
9. It is so ordered.
10. Directions on 10. 10. 2017
Delivered in open court at Chuka this 26th day of September, 2017
in the presence of:
CA: Ndegwa
Womache for the plaintiff
Kiongo for the 2nd and 3rd defendants
P.M. NJOROGE
JUDGE