M’Ikunyua & 3 others v Tharamba & 3 others [2025] KEELC 1116 (KLR)

M’Ikunyua & 3 others v Tharamba & 3 others (Environment & Land Case E003 of 2025) [2025] KEELC 1116 (KLR) (5 March 2025) (Ruling)

Neutral citation: [2025] KEELC 1116 (KLR)

Republic of Kenya

In the Environment and Land Court at Meru

Environment & Land Case E003 of 2025

BM Eboso, J

March 5, 2025

Between

Jenniffer Karegi M’Ikunyua

1st Plaintiff

Josephine Karwirwa

2nd Plaintiff

Grace Kananu Ikunyua

3rd Plaintiff

Mirriam Kagwiria

4th Plaintiff

and

Joseph Kimathi Tharamba

1st Defendant

Morris Kiogora M’Ikiome

2nd Defendant

Stephen Bundi

3rd Defendant

Elizabeth Kigetu

4th Defendant

Ruling

1. This suit was instituted in this court vide a plaint dated 4/2/2025. The plaint is expressed as instituted in the Chief Magistrate Court at Meru.

2. On 7/2/2025, this court directed the parties to attend before it and address it on the value of the suit land. Ms Mwiti attended on behalf of Mr Mwenda, counsel for the plaintiffs, and requested for today’s mention to enable Mr Mwenda attend personally to address the court on the issue. The court acceded to the request. There was no attendance on part of the defendants. There was no confirmation of service on the defendants.

3. Today, counsel for the plaintiffs has not attended Court. In the circumstances, the court takes the view that, this is a claim which was intended to be filed in the Chief Magistrate Court. Consequently, this suit is hereby transferred to the Chief Magistrate Court at Meru.

4. Orders accordingly.

DATED SIGNED AND DELIVERED AT MERU THIS 5TH DAY OF MARCH 2025B M EBOSO [MR]JUDGE