Republic v Meru Central District Dispute Tribunal, Chief Magistrate Court (Meru), Betty Kagwiria, Mary Gacheri Mereria & Samson Mugambi Mwereria Ex-parte M’Mwereria M’Rinkanya [2018] KEELC 3367 (KLR) | Judicial Review | Esheria

Republic v Meru Central District Dispute Tribunal, Chief Magistrate Court (Meru), Betty Kagwiria, Mary Gacheri Mereria & Samson Mugambi Mwereria Ex-parte M’Mwereria M’Rinkanya [2018] KEELC 3367 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ELC MISC JR 53 OF 2011

REPUBLIC ……………………………………...………………. APPLICANT

VERSUS

MERU CENTRAL DISTRICT DISPUTE TRIBUNAL … 1ST RESPONENT

CHIEF MAGISTRATE COURT (MERU) …………..… 2ND RESPONDENT

BETTY KAGWIRIA ……………………………………. 3RD RESPONDENT

MARY GACHERI MERERIA …………………….…… 4TH RESPONDENT

SAMSON MUGAMBI MWERERIA ………………….. 5TH RESPONDENT

M’MWERERIA M’RINKANYA …. EXPARTE APPLICANT/APPLICANT

RULING

1. The application dated 27th April 2018 seeks the following orders

i. Spent.

ii. That the honourable be pleased to allow the firm of Okubasu & Munene advocates to come on record after judgment in place of AG Riungu & Co. Advocates.

iii. That the honourable court be pleased to grant any other order or better relief as shall meet the ends of justice.

iv. That cost of this application be provided for.

2. The application is supported by grounds on the face of the application and on the affidavit of the applicant.

3. I note that the tribunal award was quashed via the judgment of this court given on 30. 6.2017. There is nothing in the way for the applicant to subdivide his land as he wishes. It follows that the prayers sought herein are merited.  The application is allowed with no orders as to costs.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 15th DAY OF  MAY, 2018 IN THE PRESENCE OF:-

Court Assistant:Janet/Galgalo

Okubasu for plaintiff absent

Mutunga holding brief for Kiongo for respondent

HON. LUCY. N. MBUGUA

ELC JUDGE