REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS ENVIRONMENT AND LAND COURT ELC. CASE NO. 93 OF 2015 IN THE MATTER OF THE LIMITATION OF ACTIONS ACT CAP.22 LAWS OF KENYA IN THE MATTER OF LAND REFERENCE NO. 76/364 SITUATED AT THINDIGUA IN KIAMBU MUNICIPALITY OF KIAMBU COUNTY IN THE MATTER OF CLAIM FOR RIGHTS TO LAND BY PRESCRIPTION BETWEEN PETER THUO KAMAU………………......…..………...…..…… 1ST PLAINTIFF GRACE MUTHONI THUO….………….....…..…...……….…… 2ND PLAINTIFF AND LUCY WAMAITHA KIARIE…………....….………...……...…1ST DEFENDANT SAMUEL KIARIE…………………...……..……..…...……….2ND DEFENDANT FAITH MUTHONI CHURU JOSEPH NDUNGU NJOROGE LUCY WAMBUI WAWERU.................................3RD, 4TH & 5TH DEFENDANTS (SUED AS THE TRUSTEES OF P.C.E.A THINDIGUA CHURCH) THE CHIEF LAND REGISTRAR, NAIROBI................................6TH DEFENDANT RULING I have studied this file, particularly Notice of Motion dated 9 th February 2015, the Supporting Affidavit and the annexures thereto.
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I have also studied Lucy Kiarie’s Replying Affidavit sworn on 23 rd March 2015 and Faith Churus Replying Affidavit sworn on 31st march 2015. I have also studied Peter Kamau’s Further Affidavit sworn on 5th May 2015. I have considered the written submissions filed by both the Plaintiffs and the Defendants. It is not in dispute that the Plaintiffs are in occupation of the suit property and were in occupation at the time the suit property was purchased by the 3 rd, 4th and 5th Defendants as trustees of P.C.E.A Thindigua Church. In these circumstances, I direct that the Plaintiffs do continue to remain in occupation of the suit property pending the hearing and determination of this suit. To expedite the hearing of this suit, this court to allocate a date for pre-trial conference. It is so ordered DELIVERED, DATED AND SIGNED IN NAIROBI THIS 7TH DAY OF OCTOBER 2016 MARY M. GITUMBI JUDGE
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