High Court 3094 of 2020

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT CHUKA CHUKA ELC MISCELLANEOUS APPLICATION CASE NO. 04 OF 2020 M’NYERI M’RINKURI...............................................APPLICANT/INTERESTED PARTY VERSUS BERNARD GITARI MUGERA.............................................................1 ST RESPONDENT IGNATIUS MUTEGI MUGA................................................................2 ND RESPONDENT THE DIRECTOR LAND ADJUDICATION & SETTLEMENT..............3RD RESPONDENT THE DEPUTY COUNTY COMMISSIONER MERU SOUTH............4TH RESPONDENT THE DISTRICT LAND REGISTRAR MERU SOUTH........................5TH RESPONDENT THE HONOURABLE ATTORNEY GENERAL..................................6 TH RESPONDENT RULING 1. There was an oral application by the applicant that the court should first hear the grounds of opposition filed by the 3 rd to 6th defendants on 21st September, 2020 before proceeding with any other hearing. This position was supported by the respondents. 2. I will not allow the oral application for the reason that parties have conflated Grounds of opposition with preliminary objections on a point of law. Grounds of opposition are always considered in the main suit or in the main application as in this matter. 3. To have the matter resolved timeously, it is directed as follows: 1. The applicant to file written submissions within 14 days of today and the respondents to do so within 14 days after receipt of the applicant’s submissions. 2. The notice of motion dated 18th August, 2017 filed by Fredrick Mutegi Njoka seeking the substitution of Bernard Gitari Mugera (deceased) with Fredrick Mutegi Njoka (himself) is hereby allowed. 3. Ignatius Mutegi Muga to be properly served within the next 10 days. 4. Parties will come to court for directions on 21.10.2020. Delivered in open court at Chuka this 22nd day of September, 2020 in the presence of: CA: Ndegwa Kirimi Muturi for the applicant

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