Stanley Kailutha & 4 others v Adjudication Officer, Ruuiri/Rwareba Adj Section & 2 others; Justus M’IKiao M’muthuri & 3 others (Interested Parties) [2020] KEELC 3325 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

MERU ELC PETITION CASE NO.  03 OF 2020

STANLEY KAILUTHA & 4 OTHERS..........................................PETITIONERS

VERSUS

THE ADJUDICATION OFFICER,

RUUIRI/RWAREBA ADJ SECTION & 2OTHERS.................RESPONDENTS

AND

JUSTUS M’IKIAO M’MUTHURI & 3 OTHERS.......INTERESTED PARTIES

RULING

1. This application is dated 9th March,2020 and seeks the following orders:-

1. That the application be certified urgent and be heard ex-part and service thereof be dispensed with in the first instance.

2. That pending the hearing and determination of this application interested parties, this honourable court be pleased to issue an order for temporary injunction restraining the respondents and the interested parties either by themselves, through their agents, servants or anybody else acting at their behest from evicting, disposing, continuing with the process of issuance of title deeds of the suit land in favour of the interested parties and/or interfering iwht the petitioers peaceful occupation of parcel No. RUIRI/RWARERA/Adjudication section 750,752, 815, 831, 2447, 2969, 3999, 5670, 5997 and 6266.

3. That pending the hearing and determination of this petition, this honourable court be pleased to issue an order for temporary injunction restraining the respondents and the interested parties either by themselves, through their agents servants or anybody else acting t their behest from evicting, disposing, continuing with the process of issuance of title deeds of the suit land in favour of the interested parties and/or interfering with the petitioners peaceful occupation of land parcel Nos. Ruuiri/Rwarea Adjudication Section 750, 752, 815, 831, 2447, 2969,3999, 5670, 5997 and 6266.

4. The court do issue any other orders it deems just and equitable in the circumstances.

2. The application is supported by the affidavit of Stanley Kiautha, the 1st Petitioner and has the following grounds:

a. The petitioners are the rightful recorded owner of land parcel Nos. Ruiri. Ruiri/Rwarera Adjudication section 750, 752,815, 831, 2447, 2969, 3999, 5670, 5997 and 6266 and whereby they have been in peaceful occupation since 1970s.

b. That the petitioners have put up temporary and permanent buildings and other developments on the said parcels of land including indigenous and artificial trees livestock and fences.

c. That now the 1st and 2nd respondents have illegally amended the adjudication records and effectively recorded the interested parties as the owners of the petitioners’ land without involving them or any other member of his family.

d. The interested parties who have never occupied the said parcel have threatened the petitioner that they will evict him therefrom.

e. That the eviction will occasion irreparable and untold suffering to the petitioners since this is where they call home since they were born.

f. The petitioners have established a prima facie case with high chances of success.

3. When the application was slated for ex-parte hearing on 10. 3.2020, the applicant was not in court. Having perused the apposite pleadings, it is ordered as follows:-

a) Matter is NOT certified urgent BUT will be heard on priority basis.

b) Prayer 2 is granted until 25th March, 2020 when the application will be heard at Meru by Hon. Lady Justice Lucy Mbugua, ELC Judge.

c) Application to be properly served upon the other parties within 7 days of today.

d) For avoidance of doubt, interpartes hearing at Meru on 25. 3.2020.

4. Orders accordingly.

Delivered in open Court at Chuka this 12th day of March, 2020 in the presence of:

CA: Ndegwa

Parties not in court

P. M. NJOROGE,

JUDGE.