REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT CHUKA CHUKA ELC CASE NO 15 OF 2017 FORMERLY MERU ELC CASE NO. 170 OF 2014 (OS) IN THE MATTER OF 1 ½ ACRE OF LAND WITHIN LAND PARCELNO. MAGUMONI/THUITA/494 REGISTERED IN THE NAMES OF KITHINJI NJOKA, MURITHINJOKA, MUTEMBEI NJOKA LOYFORD MURIUKI RIARA.........1ST PLAINTIFF ZIPPORAH MUTHONI RIARA......2ND PLAINTIFF CATHERINE CIANDEKE...............3RD PLAINTIFF SUSAN CIAMWARI ........................4TH PLAINTIFF VERSUS KITHINJI NJOKA........................1ST DEFENDANT MURITHI NJOKA.......................2ND DEFENDANT MUTEMBEI NJOKA...................3RD DEFENDANT JUSTIN NYAGA NKIINI............4TH DEFENDANT RULING 1. This application, on its face, states that it has been brought to court under section 73(1) & 6 of the Land Registration Act No. 3 of 2012, sections 3, 3A and 63(e) of the Civil Procedure Act, Cap 21 Laws of Kenya and Order 51 Rule 1 of The Civil Procedure Rules. It seeks orders: 1. That this honourable court be pleased to certify this application urgent owing to its urgent nature and hear the same without delay. 2. That this honourable court be pleased to issue an order removing the caution placed against Land Parcel No. Magumoni/Thuita/494 to enable the implementation of this court’s judgment delivered on 22.5.2019. 3. That costs of this application be provided for. 2. The application has the following grounds:1. The honourable court delivered its judgment in this case on 22.5.2019. 2. It has not been possible to implement the said court judgment owing to a caution placed against the suit land namely; Land Parcel No. Magumoni/Thuita/494 by one Erastus Marangu – deceased. 3. The said Erastus Marangu – deceased was husband to the 4 th plaintiff.
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4. No prejudice will be occasioned to the plaintiffs if the said caution is removed by an order of this honourable court. 5. It is only just and fair that this application be allowed. 3. On 25th September, 2019, Murango Mwenda holding brief for Mr. Nyamu Nyaga, the defendants’ advocate, asked the court to grant prayer 2 in the application to facilitate implementation of its judgment delivered on 22nd May, 2019. Mr. Ndege, holding brief for Mr. I.C. Mugo, the 4th Plaintiff’s advocate, told the court that the application was not opposed. 4. I find that the application has merit. In the circumstances, prayer 2 is granted. 5. No costs are awarded. 6. It is so ordered. Delivered in open Court at Chuka this 25thday of September, 2019 in the presence of: CA: Ndegwa Murango Mwenda h/b Nyamu Nyaga for the Defendants Mr. Ndege h/b Mr. I.C. Mugo for the 4th Plaintiff P. M. NJOROGE, JUDGE.
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