Environment & Land Case E016 of 2022

Case Metadata
Case Number:	Environment & Land Case E016 of 2022
Parties:	Muriithi & 2 others v Kanugu & another (Legal Representatives of the Estate of M’munyua M’muguongo alias Ikunywa Muguongo Deceased)
Date Delivered:	18 Jan 2023
Case Class:
Court:	Environment and Land Court at Meru
Case Action:	Ruling
Judge(s):	Christopher Kyania Nzili
Citation:	Muriithi & 2 others v Kanugu & another (Legal Representatives of the Estate of M’munyua M’muguongo alias Ikunywa Muguongo Deceased) (Environment & Land Case E016 of 2022) [2023] KEELC 54 (KLR) (18 January 2023) (Ruling)
Advocates:	Gikundi for applicant
Court Division:	Environment and Land
County:	Meru
Advocates:	Gikundi for applicant
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

Case Metadata

Case Number:

Parties:

Muriithi & 2 others v Kanugu & another (Legal Representatives of the Estate of M’munyua M’muguongo alias Ikunywa Muguongo Deceased)

Date Delivered:

18 Jan 2023

Case Class:

Court:

Environment and Land Court at Meru

Case Action:

Ruling

Judge(s):

Christopher Kyania Nzili

Citation:

Muriithi & 2 others v Kanugu & another (Legal Representatives of the Estate of M’munyua M’muguongo alias Ikunywa Muguongo Deceased) (Environment & Land Case E016 of 2022) [2023] KEELC 54 (KLR) (18 January 2023) (Ruling)

Advocates:

Gikundi for applicant

Court Division:

Environment and Land

County:

Meru

Advocates:

Gikundi for applicant

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

Neutral citation: [2023] KEELC 54 (KLR)

Republic of Kenya

In the Environment and Land Court at Meru

Environment & Land Case E016 of 2022

CK Nzili, J

January 18, 2023

IN THE MATTER OF LAND PARCEL NO. LR. NKUENE/NGONYI/273 AND IN THE MATTER OF CIVIL PROCEDURE RULES 2010 AND IN THE MATTER OF LAND REGISTRATION ACT NO. 3 OF 2012 AND IN THE MATTER OF THE FAIR ADMINISTRATION ACTION ACT NO. 4 OF 2015

Between

Margaret Gakii Muriithi

1^st Applicant

John Kimathi Muriuki

2^nd Applicant

Silas Karimba & Honesty Kawira (Suing as the Legal Representatives of the Estate of Consolata Kanyua Kimathi )

3^rd Applicant

and

Cerina Kanugu

1^st Respondent

Gervasio Kithinji Thuranira

2^nd Respondent

Legal Representatives of the Estate of M’munyua M’muguongo alias Ikunywa Muguongo Deceased

Ruling

1.The applicants seek for inhibition orders against the LR No Nkuene Ng’onyi/213 hereinafter the suit land pending the hearing and determination of the originating summons dated October 24, 2022, in which they seek for declaration of ownership of the suit land by virtue of adverse possession.

2.The reasons as contained in the supporting affidavit sworn on October 24, 2022 by Margaret Gakii Murithi are that though in occupation of 1½ acres of the suitland since 2004, a confirmation of grant from the Meru HC Succession Case No 65 of 1993 for the estate of the deceased is due for implementation to the detriment of the applicants.

3.The court has looked at the ruling aforementioned. It is dated June 7, 2022. The originating summons and this application were filed on October 24, 2022 and October 25, 2022 respectively. There is no official search attached to the affidavit for this court to establish the current status of the suit land. A lot may have happened in the four months since the distribution of the estate was done by the probate court. The cause for the delay has not been explained. Therefore, I find no good reason why the court should issue such drastic orders which are in the nature of prohibitory injunction at this juncture without any sufficient material. I find the application lacking merits. The same is dismissed. The originating summons to be set down for hearing on priority basis.

DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURTTHIS 18^TH DAY OF JANUARY, 2023In presence of:C/A: KananuGikundi for applicantRespondent in personHON. C.K. NZILIELC JUDGE

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