Peter Thuo Kamau & Grace Muthoni Thuo v Lucy Wamaitha Kiarie, Samuel Kiarie, Faith Muthoni Churu, Joseph Ndungu Njoroge, Lucy Wambui Waweru (Sued as the Trustees of P.C.E.A Thindigua Church) & Chief Land Registrar, Nairobi [2016] KEHC 8132 (KLR) | Adverse Possession | Esheria

Peter Thuo Kamau & Grace Muthoni Thuo v Lucy Wamaitha Kiarie, Samuel Kiarie, Faith Muthoni Churu, Joseph Ndungu Njoroge, Lucy Wambui Waweru (Sued as the Trustees of P.C.E.A Thindigua Church) & Chief Land Registrar, Nairobi [2016] KEHC 8132 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

ENVIRONMENT AND LAND COURT

ELC. CASE NO. 93 OF 2015

IN THE MATTER OF THE LIMITATION OF ACTIONS ACT

CAP.22 LAWS OF KENYA

IN THE MATTER OF LAND REFERENCE NO. 76/364 SITUATED AT THINDIGUA IN KIAMBU MUNICIPALITY OF KIAMBU COUNTY

IN THE MATTER OF CLAIM FOR RIGHTS TO LAND BY PRESCRIPTION

BETWEEN

PETER THUO KAMAU………………......…..………...…..…… 1ST PLAINTIFF

GRACE MUTHONI THUO….………….....…..…...……….…… 2ND PLAINTIFF

AND

LUCY WAMAITHA KIARIE…………....….………...……...…1ST DEFENDANT

SAMUEL KIARIE…………………...……..……..…...……….2ND DEFENDANT

FAITH MUTHONI CHURU

JOSEPH NDUNGU NJOROGE

LUCY WAMBUI WAWERU.................................3RD, 4TH & 5TH DEFENDANTS

(SUED AS THE TRUSTEES OF P.C.E.A THINDIGUA CHURCH)

THE CHIEF LAND REGISTRAR, NAIROBI................................6TH DEFENDANT

RULING

I have studied this file, particularly Notice of Motion dated 9th February 2015, the Supporting Affidavit and the annexures thereto.

I have also studied Lucy Kiarie’s Replying Affidavit sworn on 23rd March 2015 and Faith Churus Replying Affidavit sworn on 31st march 2015.

I have also studied Peter Kamau’s Further Affidavit sworn on 5th May 2015.

I have considered the written submissions filed by both the Plaintiffs and the Defendants.

It is not in dispute that the Plaintiffs are in occupation of the suit property and were in occupation at the time the suit property was purchased by the 3rd, 4th and 5th Defendants as trustees of P.C.E.A Thindigua Church.  In these circumstances, I direct that the Plaintiffs do continue to remain in occupation of the suit property pending the hearing and determination of this suit.

To expedite the hearing of this suit, this court to allocate a date for pre-trial conference.

It is so ordered

DELIVERED, DATED AND SIGNED IN NAIROBI THIS 7TH DAY OF OCTOBER   2016

MARY M. GITUMBI

JUDGE