Rikura v M’Rikura [2025] KEELC 5121 (KLR)

Rikura v M’Rikura (Enviromental and Land Originating Summons E008 of 2022) [2025] KEELC 5121 (KLR) (7 July 2025) (Ruling)

Neutral citation: [2025] KEELC 5121 (KLR)

Republic of Kenya

In the Environment and Land Court at Meru

Enviromental and Land Originating Summons E008 of 2022

BM Eboso, J

July 7, 2025

Between

Charity Ntiinyari Rikura

Plaintiff

and

Francis Mugambi M’Rikura

Defendant

Ruling

1. Parties recorded a consent before Yano J on 5/10/2022. The consent vested in the plaintiff ½ of an acre out of parcel number Nyaki/Kithoka/1462. An order (sic) was subsequently extracted on 8/11/2023 in terms of the consent.

2. The plaintiff contends that the subdivision has been done and the enforcement is at the stage of registration. The defendant has, however, not availed the original title. The plaintiff wants the requirement for production of the original title to be dispensed with.

3. In the absence of any opposition to the application dated 7/4/2025, there is no proper basis why the consent should not be enforced as prayed.

4. The application dated 7/4/2025 is granted in terms of prayer 2. There shall be no award of costs.

DATED, SIGNED AND DELIVERED AT MERU THIS 7TH DAY OF JULY 2025B M EBOSO [MR]JUDGEIn the Presence ofMr. Mwirigi for the ApplicantCourt Assistant - Tupet