Tabitha Kathambi Mbaabu v Geoffrey Murithi M’ithima & David Kiogora M’ithima [2019] KEELC 4355 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MERU

ELC CASE NO. 230 OF 2016

TABITHA KATHAMBI MBAABU................................PLAINTIFF

VERSUS

GEOFFREY MURITHI M’ITHIMA...................1ST DEFENDANT

DAVID KIOGORA M’ITHIMA..........................2ND DEFENDANT

RULING

1. The application dated 15. 8.2018 seeks for a court order for the two defendants share in parcel No. Abogeta/L-Chure/307 to be separated and each defendant to get his ½ share to enable the land registrar execute the court orders dated 20th July 2017.

2. It is contended that without this severance (separation), it is not possible to execute the aforementioned order of 20. 7.2017.

3. I find that the prayers sought herein are meant to facilitate the logical implementation of the consent judgment dated 11. 7.2017.

4. The application is therefore allowed as drawn.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF  6TH MARCH, 2019

IN THE PRESENCE OF:-

C/A: Kananu

1st defendant

HON. LUCY. N. MBUGUA

ELC JUDGE