REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELCL (OS) CASE NO. E006 OF 2026 MARTIN MWENDA RINGERA......................................PLAINTIFF =VERSUS= ZIPPORAH DEFENDANT KAMBURA WHITNEY DEFENDANT MUKIRI MUTHOMI......................1ST KIMATHI.............................2ND RULING [EX-TEMPORE] 1. This court is the body vested with jurisdiction to hear and determine questions/disputes relating to ownership of land. In succession proceedings, the Succession Court only distributes land whose ownership is not in contest. Where the question of ownership of land is pending before the Environment and Land Court and a party decides to present the land to the Succession Court for distribution as a free asset of the deceased, it is the Succession Court that is 1
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required to stay the distribution of that particular parcel to await a settlement of the question of ownership by the Land Court. 2. For the above reasons, the plea to stay these proceedings is rejected. Secondly, the plaintiffs have 30 days to file and serve a complete paginated and indexed trial bundle. In default, this suit shall stand dismissed for want of prosecution by the plaintiffs. DATED, SIGNED AND DELIVERED AT MERU THIS 30TH DAY OF SEPTEMBER, 2026. B M EBOSO [MR] ELC JUDGE In the Presence of: Ms Mercy Kaome holding brief for Mr Nyambati for the Plaintiff Mr Mutai for the Defendant Mr. E. Tupet – Court Assistant 2
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