REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU ENVIRONMENT AND LAND COURT CIVIL SUIT 18 OF 2015 (OS ) IN THE MATTER OF SECTION 37 & 38 OF THE LIMITATION OF ACTION ACT AND IN THE MATTER OF ADVERSE POSSESSION OF LR. ABOTHUGUCHI/GITHONGO/1147 ERIC MUTWIRI KINYUA ….........APPLICANT VERSUS KIRAI M'MWERIA ….................RESPONDENT RULING I find that the Preliminary Objection is dated 04:04:16 and it was filed on 15:04:16. Respondent was given adequate time to prosecute the said Preliminary Objection. No. plausible explanation has been advanced as to why the orders of 29.11.16 were not complied with. As such, I decline to grant any more time. Instead, I direct the matter to proceed as if the Preliminary Objection is not there. DELIVERED IN OPEN COURT AT MERU THIS 27TH DAY OF FEBRUARY, 2017 IN THE PRESENCE OF:C:A Mungai/Kananu W. P. Mburugu for Applicant Muthamia h/b Mokua for the Respondent L. N. MBUGUA JUDGE
Original judgment
Eric Mutwiri Kinyua v Kirai M'mweria (? 18 of 2015) [2017] KEELC 3762 (KLR)
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