Kimuri Housing Company Ltd & another v Frank Logistics Company Ltd & 15 others

SAMUEL NDICHU KURIA ...................................................................... PLAINTIFF AND FRANCUS NJERU NYAGAH & 4 OTHERS & 4 OTHERS .............. DEFENDANT RULING 1. By a Notice of Motion dated 20th January 2026, brought under Sections 1A, 1B, and 3A of the Civil Procedure Act and Order 16 Rule 6 of the Civil Procedure Rules, the Plainti/Applicant seeks the following orders: i. 2. THAT the Honourable Court be pleased to compel the Chief Land Registrar and/or the Director, Administration to attend court to produce the following documents: a) Land Register L.R 4953/2342 Thika Municipality (I.R 82855) b) Land Register Thika Municipality Block 12/286. c) Deed le (parcel le) in respect of L.R. 4953/2342 Thika Municipality (I.R. 82855) and/or le 77684. d) Letter of allotment Ref. 77684/4 dated 19th February 1986. e) Letter of Allotment Ref. 77684/112 dated 12th August 1985. f) Letter Ref. 77684/135 dated 11th November 1993. The application is based on the grounds appearing on its face together with the supporting adavit of Margaret Wambui Ngugi, sworn on even date. The Applicant’s Case 3. The deponent averred that the pleadings and the bundle of documents demonstrate that L.R. No. 4953/2342, Thika Municipality, is coterminous with Thika Municipality Block 12/286. 4. She further averred that the suit property is claimed by the parties in this suit and that the Chief Land Registry appears to have issued three separate titles for a single parcel of land. 5. She asserts that the deed le for L.R No. 4953/2342, Thika Municipality (I.R 82855), or le 77684, contains two letters of Allotment issued in favour of Douglas Kariuki Mundia 6. She contended that although she had tendered her evidence and was cross-examined, objections were raised to the production of the letter of allotment dated 12th August 1985. Accordingly, she argued that the Chief Land Registrar be summoned to produce the original records necessary for the just and eectual determination of the dispute. 7. Though duly served, the Respondents did not le any response to the application. 8. The application was canvassed by way of written submissions. The Plainti led its submissions dated 22nd June 2026, which I have duly considered. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5739/eng@2026-09-22 2

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Analysis And Determination 9. Having considered the application and the Applicant’s submissions, the only issue for determination is whether the Applicant is entitled to the orders sought. 10. Order 16 Rule 1 of the Civil Procedure Rules permits a party to obtain summons for persons whose attendance is required to give evidence or produce documents. The Applicant must demonstrate that the documents sought are relevant and material to the matters in controversy. 11. In the matter at hand, the Applicant contends that the pleadings and documents show that L.R. No. 4953/2342 Thika Municipality (I.R. 8255) is coterminous with Thika Municipality Block 12/286. The Applicant’s case is that the Chief Land Registrar appears to have issued three title documents for a single parcel of land. The Applicant has demonstrated that the documents sought are not peripheral to the dispute and may assist the Court in determining the ownership and history of the respective parcels. Having considered the nature and relevance of the documents sought, I am satised that the Applicant has established a basis for their production. 12. The upshot of the foregoing is that the application dated 20th January 2026 is merited and is hereby allowed on the following terms: a) The Chief Land Registrar and/or the Director, Administration is hereby directed to produce before this court the following documents: i) Land Register L.R 4953/2342 Thika Municipality (I.R 82855). ii) Land Register Thika Municipality Block 12/286. iii) Deed File (parcel le) in respect of L.R 4953/2342 Thika Municipality (I.R 82855) and/or le 77684. iv) Letter of Allotment Ref. 77684/4 dated 19th February 1986. v) Letter of Allotment Ref.77684/112 dated 12th August 1985. vi) Letter Ref. 77684/135 dated 11th November 1993. b) Costs in the cause. RULING SIGNED, DATED, AND DELIVERED VIA MICROSOFT TEAMS THIS 22nd DAY OF SEPTEMBER 2026. ……………………………………. HON. T. MURIGI JUDGE In The Presence Of: Kyalo holding brief for Mutua Senior Counsel for the Plainti Ms Anyango Opiyo for the 1st Defendant Ms Mwangi holding brief for Ndegwa for the 2nd – 6th Interested Parties Kiprotich for the 1st Interested Party https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5739/eng@2026-09-22 3

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