William v Murianki (Enviromental and Land Originating Summons 7 of 2019) [2025] KEELC 8344 (KLR)

William v Murianki (Enviromental and Land Originating Summons 7 of 2019) [2025] KEELC 8344 (KLR) (26 November 2025) (Ruling) Neutral citation: [2025] KEELC 8344 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT CHUKA ENVIROMENTAL AND LAND ORIGINATING SUMMONS 7 OF 2019 BM EBOSO, J NOVEMBER 26, 2025 BETWEEN LUKA KIRIMI WILLIAM ......................................................................... PLAINTIFF AND ROBERT MIRITI MURIANKI ............................................................ DEFENDANT RULING 1. This suit was initiated through an originating summons dated 2/4/2019. The plaintifi sought adverse possession orders. On 17/6/2019, this court (P.M Njoroge J) dismissed the suit with no order as to costs. There was no counterclaim by the defendant. 2. The defendant subsequently brought a post-disposal application dated 14/9/2021, seeking various substantive reliefs, including an order directing survey of land parcel number 656 Lower East Magutuni Adjudication Section and an order directing the OCS of Chogoria Police Station to avail security. The court (Yano J) granted the above post-disposal orders on 15/12/2021. 3. Subsequent to that, the defendant brought a notice of motion dated 9/9/2025 seeking a review of the order of 15/12/2021 to substitute “OCS Magutuni Police Station” with “OCS Chogoria Police Station.” 4. When the above post-disposal application came before the court (Eboso J), the court requested the defendant to address it today on the jurisdiction of the court to issue substantive post-disposal orders to a defendant who did not have a counterclaim and does not have a positive decree in a disposed cause. Today, counsel for the defendant has orally applied to withdraw the application. 5. In the absence of any objection, the oral plea to withdraw the application dated 9/9/2025 is allowed. There will be no order as to costs. DATED, SIGNED AND DELIVERED AT CHUKA THIS 26TH DAY OF NOVEMBER, 2025. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8344/eng@2025-11-26 1

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