Paul Ndubi Nkoroi v Justus Kirigia M’ikiara [2017] KEELC 3509 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT CHUKA

CHUKA ELC CASE NO 08 OF 2017

FORMERLY MERU ELC CASE NO. 18 OF 2014

IN THE MATTER OF LIMITATION OF ACTIONS ACT CAP 22, SECTION 7, 37 & 38

AND

IN THE MATTER OF LAND REGISTRATION ACT NO. 3/2012, SECTION 28

AND

IN THE MATTER OF AN APPLICATION BY PAUL NDUBI NKOROI UNDER THE LIMITATION OF ACTION ACT THAT BE REGISTERED WITH 0. 23 ACRES OUT OF LR: KIERA EAST MAGUTUNI/166

AND FOR A DECLARATION THAT THE APPLICANT BE REGISTERED WITH 0. 23 ACRES OUT OF LR:KIERA EAST MAGUSTUNI/166

BETWEEN

PAUL NDUBI NKOROI……………….APPLICANT

VERSUS

JUSTUS KIRIGIA M’IKIARA….……RESPONDENT

RULING

1. The parties came to court on 28. 2.2017 to show cause why this suit should not be dismissed in terms of order 17 rule 2(1) of the Civil Procedure Rules.

2. Mr. Mugo attributed the delay in the prosecution of this suit to the lengthy sickness of the plaintiff. He told the court that the sickness was so serious that the plaintiff is now an amputee. He asked the court to give the plaintiff a chance to prosecute his suit.

3. Despite service, the defendant was not in court.

4. I find that the plaintiff has shown cause to the satisfaction of this court that this suit should NOT be dismissed.

5. The plaintiff is ordered to serve upon the defendant the orders issued by the court within 10 days of today.

6. The plaintiff is ordered to fully comply with order 11, CPR, within 14 days of today and the defendant is ordered to do so within 14 days of receipt of the plaintiff’s compliance documents.

7. Directions on 27. 3.2017.

8. It is so ordered.

Delivered in open court at Chuka this 28th day of February, 2017 in the presence of:

CA: Ndegwa

I.C. Mugo for the Plaintiff

Defendant NOT present

P.M. NJOROGE

JUDGE