Morris Kiruja Mpungu & Genesio Kiraithe Mpungu v Margret Ngiri Muchiri & Robert Nyaga Rutere [2019] KEELC 4057 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC  CASE NO. 06  OF 2018

IN THE MATTER OF THE REGISTRATION OF LANDS ACT NO. 3 OF 2012 SECTION 28(H)

AND IN THE MATTER OF ORDER 37 RULE 7 CIVIL PROCEDURE RULES

AND IN THE MATTER OF SECTION 38 OF THE LAW OF LIMITATION OF ACTIONS ACT CHAPTER 22

LAW OF KENYA

AND IN THE MATTER OF AN APPLICATION BY MORRIS KIRUJA MPUNGU AND GENESIO KIRAITHE MPUNGU THAT THE COURT DO MAKE A DECLARATION THAT THEY ARE ENTITLED TO 2. 80 ACRES COMPRISED IN L.R. NO. MUTHAMBI/EREGA/204 UNDER THE DOCTRINE OF ADVERSE POSSESSION

AND IN THE MATTER OF AN APPLICATION BY MORRIS KIRUJA MPUNGU AND GENESIO KIRAITHE MPUNGU THAT THEY BE REGISTERED WITH 2. 80 ACRES COMPRISED IN L.R. NO. MUTHAMBI/EREGA/204 WHICH THEY HAVE ACQUIRED UNDER THE DOCTRINE OF ADVERSE POSSESSION

MORRIS KIRUJA MPUNGU......................................1ST APPLICANT

GENESIO KIRAITHE MPUNGU...............................2ND APPLICANT

AND

MARGRET NGIRI MUCHIRI.................................1ST RESPONDENT

ROBERT NYAGA RUTERE....................................2ND RESPONDENT

RULING

1. On 20th October, 2018, the parties were given orders to comply with order 11, CPR, with the applicant required to do so within 14 days of that  day and the respondents to do so within 14 days after receipt of the applicant’s compliance documents. Parties were directed to come to court to confirm compliance on 25. 3.2019.

2. On 25. 3.2019, only the applicant had complied. Although Robert Nyaga Rutere, the 2nd respondent was in court, the respondents’ advocate was not in court. Mr. I.C.Mugo, the applicant’s advocate, asked the court to give the suit a hearing date.

3. No explanation was given as to why the respondents had not complied with order 11 CPR. I will, therefore, give this matter a hearing date.

4. The respondents are given a last chance to comply and serve compliance documents upon the applicant.

5. I issue the following orders:

a) The respondents are granted a last chance to fully comply with order 11, CPR, within the next 14 days.

b) The suit will be heard on 27th May, 2019.

6. It is so ordered.

Delivered in open Court this 25th day of March, 2019

in the presence of:

CA: Ndegwa

I.C. Mugo for the applicant

Robert Nyaga Rutere  - 2nd respondent

P.M. NJOROGE

JUDGE