Nyakara & 2 others v Attorney General & 3 others [2025] KEELC 4129 (KLR)

Nyakara & 2 others v Attorney General & 3 others (Land Case Petition E001 of 2025) [2025] KEELC 4129 (KLR) (22 May 2025) (Ruling)

Neutral citation: [2025] KEELC 4129 (KLR)

Republic of Kenya

In the Environment and Land Court at Kisii

Land Case Petition E001 of 2025

M Sila, J

May 22, 2025

Between

Ongori Nyakara

1st Petitioner

Joseph B Makworo

2nd Petitioner

Pius Machogu Motonu (Alias Omete)

3rd Petitioner

and

Attorney General

1st Respondent

The District Land Registrar

2nd Respondent

Alice Monyenye Mabiria

3rd Respondent

Thomas Mabiria

4th Respondent

Ruling

1. Before me is an application dated 14 May 2024 filed by the legal representatives ad litem of the estates of the 1st and 2nd petitioners. There were many prayers in the application which were abandoned save for the prayer for substitution of the now deceased 1st and 2nd petitioners. This prayer is not opposed by any of the other parties.

2. To put matters into context, this suit was commenced through a petition filed on 21 August 2013. In the petition, the petitioners claimed to be respectively entitled to portions measuring 17 x 150 feet, 25 x 100 feet, and 50 x 100 feet, out of the land parcels Bassi/Bosingi/1895 and 1896 registered in name of the 3rd and 4th respondents. The suit was settled vide a consent entered filed on 1 July 2015. In that consent the petitioners and the 3rd and 4th respondents agreed to allow the prayers sought in the petition.

3. That seemed to be the end of the matter but it would appear that there are issues related to execution of the decree and now the applicants wish to substitute the deceased 1st and 2nd petitioners for purposes of executing the decree.

4. I have no issue allowing the application to the extent of substituting the deceased 1st and 2nd petitioner and that prayer is allowed.

5. There will be no orders as to costs.

6. Orders accordingly.

DATED AND DELIVERED THIS 21 DAY OF MAY 2025JUSTICE MUNYAO SILAJUDGE, ENVIRONMENT AND LAND COURTAT KISIIDelivered in the presence of :Mr. Ayienda for 5th respondentOther parties – AbsentCourt Assistant – Michael Oyuko