M’Muchiri Mukindia v Josephine Mary Gaaji & Njeru Eustus Miriti [2021] KEELC 4179 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

CHUKA E.L.C CIVIL APPEAL NO 77 OF 2017

FORMERLY MERU E.L.C (CA NO 54 OF 2013)

M’MUCHIRI MUKINDIA.............APPELLANT/RESPONDENT

VERSUS

JOSEPHINE MARY GAAJI...............................RESPONDENT

NJERU EUSTUS MIRITI........................................APPLICANT

RULING

1. This application is dated 24th February, 2021. It seeks the following orders:

1. That the court be pleased to certify the instant application as urgent and service of the same be dispensed with in the first instance.

2. That the deputy registrar of this court be authorized to execute all the necessary documents to transfer  portions of land measuring 3. 21 acres out of land parcel LR; MUTHAMBI/CHAMUNGA/195 from the respondent to the applicant and josphine mary gaaji in equal shares.

3. That the land registrar Meru South/Maara Sub Counties be directed and/or authorized to dispense with the original title deed to land parcel LR; MUTHAMBI/CHAMUNGA/195 when implementing orders of this court and in particular prayer 2 herein above.

4. Cost of this application be provided for.

2. The applicant, Njeru Eustus Miriti asked the court to direct that the Deputy Registrar of this court signs the necessary documents because the respondent M’Muchiri Mukindia had refused to do so.

3. I note that this application seeks to facilitate the execution of a court order.

4. In the circumstances, the following orders are issued:

a. Prayers 2 and 3 granted.

b. I issue no order as to costs.

Delivered in open Court at Chuka this 3rd day of March, 2021 in the presence of:

CA: Ndegwa

Njeru Eustus Miriti (Applicant) present

P. M. NJOROGE,

JUDGE.