Muchugi & 9 others v Muchugi; Mbugua & 2 others (Interested Parties) [2025] KEHC 1482 (KLR)

Muchugi & 9 others v Muchugi; Mbugua & 2 others (Interested Parties) (Civil Case 1972 of 2000) [2025] KEHC 1482 (KLR) (Civ) (6 February 2025) (Directions)

Neutral citation: [2025] KEHC 1482 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Civil Case 1972 of 2000

JN Mulwa, J

February 6, 2025

Between

Joyce Nduta Muchugi

1st Plaintiff

Stephen Kamau Muchugi

2nd Plaintiff

John Joseph Mbugua Muchugi

3rd Plaintiff

Michael Muthumu Muchugi

4th Plaintiff

Patrick Kinyanjui Muchugi

5th Plaintiff

James Wamagata Muchugi

6th Plaintiff

Peter Mbugua Muchugi

7th Plaintiff

Christopher Miri Muchugi

8th Plaintiff

Paul Kinyanjui Muchugi

9th Plaintiff

Francis Kama Muchugi

10th Plaintiff

and

James Ndung’u Muchugi

Defendant

and

Anthony Mucugi Mbugua

Interested Party

Janet Wambui Kiarie

Interested Party

Christine Wambui Mungai

Interested Party

Directions

1. For determination before the court is the Intended parties motion dated 30/05/2024. It is bought under Sections 63(3), 1A, 1B and 3A of the Civil Procedure Act.Section 80(1) of the land Registration Act, 2012, order 1 rule 10(2) order 22 rule 49 & 50, order 51 rules 1, 4 & 13(2) of the Civil Procedure Rules.

2. The court has perused the orders that the interested parties are seeking concerning distribution of various titles being;-a.Kiambaa/Thimbigua/4475 & 4477, (lifting of prohibitory orders)b.Kiambaa/Thimbigua/4475 & 4477 to be registered in their names to hold in trust of others; andc.And also for the said properties to be registered as joint proprietors to be held in trust for the beneficiaries of the house of Jane Njeri Muchugi.

3. The application is crafted and drafted as an ex-parte application.

4. Upon considering the far-reaching prayers and orders sought by the interested parties, I find it necessary that the motion be served upon the plaintiffs and the defendants for their input in the application.

5. As such the awaited ruling scheduled for 6/02/2025 is stayed to facilitate concurrence of all the parties in the prayers sought, who if they consent, the court will urge that a consent be drafted and be signed by all the plaintiffs through their duly appointed advocates, the defendant by its advocate and by the interested parties.Orders accordingly

DELIVERED, DATED AND SIGNED AT NAIROBI THIS 6TH DAY OF FEBRUARY 2025. JANET MULWAJUDGE