Civil Appeal E027 of 2023

Case Metadata
Case Number:	Civil Appeal E027 of 2023
Parties:	In re Estate of Stanley Manyara Murithi (Deceased)
Date Delivered:	27 Jul 2023
Case Class:
Court:	High Court at Meru
Case Action:	Ruling
Judge(s):	Thripsisa Wanjiku Cherere
Citation:	In re Estate of Stanley Manyara Murithi (Deceased) (Civil Appeal E027 of 2023) [2023] KEHC 21129 (KLR) (27 July 2023) (Ruling)
County:	Meru
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:

In re Estate of Stanley Manyara Murithi (Deceased)

Date Delivered:

27 Jul 2023

Case Class:

Court:

High Court at Meru

Case Action:

Ruling

Judge(s):

Thripsisa Wanjiku Cherere

Citation:

In re Estate of Stanley Manyara Murithi (Deceased) (Civil Appeal E027 of 2023) [2023] KEHC 21129 (KLR) (27 July 2023) (Ruling)

County:

Meru

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

In re Estate of Stanley Manyara Murithi (Deceased) (Civil Appeal E027 of 2023) [2023] KEHC 21129 (KLR) (27 July 2023) (Ruling)

Neutral citation: [2023] KEHC 21129 (KLR)

Republic of Kenya

In the High Court at Meru

Civil Appeal E027 of 2023

TW Cherere, J

July 27, 2023

Between

Rosemary Gatimbi M’Nchebere

Applicant

and

Hellen Nthiori Manyara

1^st Respondent

Elias Mutugi Manyara

2^nd Respondent

Ruling

Background

1.By a judgment dated January 25, 2023, the trial court issued the following orders:a.Parcel No. Isiolo/Pesa/9 be and is hereby granted to the Objectorb.¼ portion of LR. Nyaki/Giaki/Nkabune/804 more so being the portion the portion where the objector has settled be given to the objector, the balance thereof shall be divided to the other beneficiaries equallyc.…………d.…………

2.Applicant moved the court asking for injunction to restrain the Respondent from evicting her and destroying her crops on LR. Nyaki/Giaki/Nkabune/804 (suit land). Annexed to the supporting affidavit sworn by applicant on March 14, 2023 are photographs of the destructions alluded to in this application.

3.By her affidavit sworn on April 11, 2023, Hellen Nthiori Manyara (1^st respondent) denies that Applicant is in occupation of the suit land or than any of her properties have been destroyed and that the pictures filed by the applicant relate to an old granary that was pulled down.

Analysis and Determination

4.I have considered the application in the light of the affidavits on record and annexures thereto.

5.Respondent has denied that Applicant is in occupation of the suit land or that any of her properties have been destroyed and stated that the pictures filed by the Applicant relate to an old granary that was pulled down. Order 6 Rule 9 (1) of the Civil Procedure Rules which is applicable to these proceedings states that:“Subject to sub-rule (4), any allegation of fact made by a party in his pleading shall be deemed to be admitted by the opposite party unless it is traversed by that party in his pleading or a joinder of issue under rule 10 operates as a denial of it.”

6.Applicant having not controverted any of the allegations of fact pleaded by the 1^st respondent, i find that applicant has failed to demonstrate that respondents have either evicted or attempted to evict her from the suit land or destroyed any of her properties.

7.For the reasons that I have outlined hereinabove, the summons dated March 14, 2023 is found to be unmerited and it is dismissed with costs to the respondents. The interim orders issued on March 15, 2023 are discharged.

DELIVERED IN MERU THIS 27^TH DAY OF JULY 2023.WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Mr. KinotiFor Applicant - Mr. Mwirigi for Elijah K. Ogoti & Co. AdvocatesFor Respondents - Mr. Mokua for Mokua Obiria & Associates

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Civil Appeal E027 of 2023

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