Case Metadata |
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| Case Number: | Miscellaneous Application Case 04 of 2020 |
|---|---|
| Parties: | M’nyeri M’rinkuri v Bernard Gitari Mugera, Ignatius Mutegi Muga, Director Land Adjudication & Settlement, Deputy County Commissioner Meru South, District Land Registrar Meru South & Attorney General |
| Date Delivered: | 22 Sep 2020 |
| Case Class: | Civil |
| Court: | High Court at Chuka |
| Case Action: | Ruling |
| Judge(s): | Peter Muchoki Njoroge |
| Citation: | M’nyeri M’rinkuri v Bernard Gitari Mugera & 5 others [2020] eKLR |
| Advocates: | Kirimi Muturi for the applicant Fredrick Mutegi Njoka - 2nd Respondent Kiongo for the 3rd to 6th Respondents |
| Court Division: | Environment and Land |
| County: | Tharaka Nithi |
| Advocates: | Kirimi Muturi for the applicant Fredrick Mutegi Njoka - 2nd Respondent Kiongo for the 3rd to 6th Respondents |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC MISCELLANEOUS APPLICATION CASE NO. 04 OF 2020
M’NYERI M’RINKURI...............................................APPLICANT/INTERESTED PARTY
VERSUS
BERNARD GITARI MUGERA.............................................................1ST RESPONDENT
IGNATIUS MUTEGI MUGA................................................................2ND RESPONDENT
THE DIRECTOR LAND ADJUDICATION & SETTLEMENT..............3RD RESPONDENT
THE DEPUTY COUNTY COMMISSIONER MERU SOUTH............4TH RESPONDENT
THE DISTRICT LAND REGISTRAR MERU SOUTH........................5TH RESPONDENT
THE HONOURABLE ATTORNEY GENERAL..................................6TH RESPONDENT
RULING
1. There was an oral application by the applicant that the court should first hear the grounds of opposition filed by the 3rd to 6th defendants on 21st September, 2020 before proceeding with any other hearing.
This position was supported by the respondents.
2. I will not allow the oral application for the reason that parties have conflated Grounds of opposition with preliminary objections on a point of law. Grounds of opposition are always considered in the main suit or in the main application as in this matter.
3. To have the matter resolved timeously, it is directed as follows:
1. The applicant to file written submissions within 14 days of today and the respondents to do so within 14 days after receipt of the applicant’s submissions.
2. The notice of motion dated 18th August, 2017 filed by Fredrick Mutegi Njoka seeking the substitution of Bernard Gitari Mugera (deceased) with Fredrick Mutegi Njoka (himself) is hereby allowed.
3. Ignatius Mutegi Muga to be properly served within the next 10 days.
4. Parties will come to court for directions on 21.10.2020.
Delivered in open court at Chuka this 22nd day of September, 2020 in the presence of:
CA: Ndegwa
Kirimi Muturi for the applicant
Fredrick Mutegi Njoka - 2nd Respondent
Kiongo for the 3rd to 6th Respondents
P. M. NJOROGE,
JUDGE.
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