M’Mbogori v Njeru (Enviromental and Land Originating Summons E004 of 2023) [2025] KEELC 5122 (KLR) (7 July 2025) (Ruling) Neutral citation: [2025] KEELC 5122 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIROMENTAL AND LAND ORIGINATING SUMMONS E004 OF 2023 BM EBOSO, J JULY 7, 2025 BETWEEN ANGELO KIMATHI M’MBOGORI ......................................................... PLAINTIFF AND ESTHER WANGUI NJERU ................................................................... DEFENDANT RULING 1. This is an originating summons through which the plaintifi seeks adverse possession orders against title number Ntima/Ntakira/2433. The exhibited oficial search indicates that the said title is held by Barclays Bank [now known as Absa Bank] as Security. The Bank is not a party to the case and may not be aware that the title it holds is the subject of the invalidation orders that are sought in this suit. 2. For the above reason, the court hereby invokes its powers under Order 1 rule 10 (2) of the Civil Procedure Rules and directs joinder of Absa Bank as a 2nd defendant in this suit. The originating summons shall be amended and served within 14 days. Hearing is adjourned on the above grounds. DATED, SIGNED AND DELIVERED AT MERU THIS 7TH DAY OF JULY 2025 B M EBOSO [MR] JUDGE In the presence of:Ms Nyamu for the Plaintifi Court Assistant - Tupet https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5122/eng@2025-07-07 1
Original judgment
ANGELO KIMATHI M’MBOGORI v ESTHER WANGUI NJERU
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