M’Mbogori v Njeru [2025] KEELC 5122 (KLR)

M’Mbogori v Njeru (Enviromental and Land Originating Summons E004 of 2023) [2025] KEELC 5122 (KLR) (7 July 2025) (Ruling)

Neutral citation: [2025] KEELC 5122 (KLR)

Republic of Kenya

In the Environment and Land Court at Meru

Enviromental and Land Originating Summons E004 of 2023

BM Eboso, J

July 7, 2025

Between

Angelo Kimathi M’Mbogori

Plaintiff

and

Esther Wangui Njeru

Defendant

Ruling

1. This is an originating summons through which the plaintiff seeks adverse possession orders against title number Ntima/Ntakira/2433. The exhibited official search indicates that the said title is held by Barclays Bank [now known as Absa Bank] as Security. The Bank is not a party to the case and may not be aware that the title it holds is the subject of the invalidation orders that are sought in this suit.

2. For the above reason, the court hereby invokes its powers under Order 1 rule 10 (2) of the Civil Procedure Rules and directs joinder of Absa Bank as a 2nd defendant in this suit. The originating summons shall be amended and served within 14 days. Hearing is adjourned on the above grounds.

DATED, SIGNED AND DELIVERED AT MERU THIS 7TH DAY OF JULY 2025B M EBOSO [MR]JUDGEIn the Presence ofMs Nyamu for the PlaintiffCourt Assistant - Tupet