Njoka Kathuni, Rose Kagendo & Aileen Maruta v Mbaka Kathuni, Justine M. Mutindwa & Casty Kanyua Joseph [2018] KEELC 4096 (KLR) | Adverse Possession | Esheria

Njoka Kathuni, Rose Kagendo & Aileen Maruta v Mbaka Kathuni, Justine M. Mutindwa & Casty Kanyua Joseph [2018] KEELC 4096 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO 14 OF 2017 (OS)

FORMERLY MERU ELC CASE NO.18 OF 2016(OS)

IN THE MATTER OF THE LAND REGISTRATION ACT NO. 6 OF 2012

AND

IN THE MATTER OF LAND ACT NO. 3 OF 2012

AND

IN THE MATTER OF THE LIMITATION OF ACTION ACT CAP 22

LAWS OF KENYA SECTION 7 AND 38

AND

IN THE MATTER OF AN APPLICATION BY NJOKA KATHUNI, ROSE KAGENDO

AND AILEEN MARUTA THAT THEY BE DECLARED THE PROPRIETORS OF

LAND PARCELS MAGUMONI/MWONGE/1909, MAGUMONI/MWONGE/1910 AND

MAGUMONI/MWONGE/1911 BY VIRTUAL OF OPERATION OF LAW (ADVERSE POSSESSION)

AND IN THE MATTER OF ORDER 37 RULE 7(1, 2, 3)

AND IN THE MATTER OF AN APPLICATION BY NJOKA KATHUNI, ROSE KEGENDO AND

AILEEN MARUTA THAT THEY BE REGISTERED AS PROPRIETORS OF LAND PARCELS MAGUMONI/MWONGE/1909, MAGUMONI/MWONGE/1910 AND LR. MAGUMONI/MWONGE/1911

BETWEEN

NJOKA KATHUNI……………………......………………….…….1ST APPLICANT

ROSE KAGENDO ……………………….....………….………….2ND APPLICANT

AILEEN MARUTA………………………….....………….……....3RD APPLICANT

VERSUS

MBAKA KATHUNI…………………………....……………….1ST RESPONDENT

JUSTINE M. MUTINDWA…………………...…….………….2ND RESPONDENT

CASTY KANYUA JOSEPH……………….…….…………….3RD RESPONDENT

RULING

1. This ruling is to confirm that as intimated in paragraph 13 of this court’s judgment, the 1st applicant paid Kshs.3,000/= to the 1st respondent.

2. In the circumstances, this court’s judgment delivered on 13. 3.2018 is confirmed and the suit is marked finally heard and determined.

3. Should the 1st respondent, MBAKA KATHUNI, not transfer to the 1st applicant, NJOKA KATHUNI, Land Parcel No. MAGUMONI/MWONGE/1911, the Executive Officer of this court is directed to executeall documents necessary to effectuate implementation of this order.

4. It is so ordered.

Delivered in open court at Chuka this 13th day of March, 2018 in the presence of:

CA: Ndegwa

Njoka Kathuni – 1st Applicant

Mbaka Kathuni – 1st Respondent

P.M. NJOROGE

JUDGE