Mwenda & 113 others v Liquidator Abogeta Farmers Co-op Society Ltd (Civil Suit 178 of 2002) [2026] KEHC 546 (KLR) (29 January 2026) (Judgment) Neutral citation: [2026] KEHC 546 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU CIVIL SUIT 178 OF 2002 SM GITHINJI, J JANUARY 29, 2026 BETWEEN FRANCIS MWENDA & 113 OTHERS ................................................... PLAINTIFF AND THE LIQUIDATOR ABOGETA FARMERS CO-OP SOCIETY LTD ........................................................................................................... DEFENDANT JUDGMENT 1. For determination is the Notice of Motion dated 25/9/2025 pursuant to Sections 1A, 1B, 3A of the Civil Procedure Act, Section 70 (a), (d) of the Land Registration Act, Order 17 Rule 4, Order 9 Rule 9 and Order 51 Rule 1 of the Civil Procedure Rules, seeking that: 1. Spent 2. The firm of Kiautha Arithi & Co. Advocates be granted leave to come on record in place of the firm of Leonard K. Ondari & Co. Advocates as Advocates for the Applicant. 3. The inhibition orders issued on 20th July 2007 against the following titles be lifted: i. LR No. Abogeta/lower Kithangari/599 ii. Abogeta/Upper/Kiungone/1039 iii. Abogeta/Upper Kiringa/561 iv. Abogeta/Lower Kiungone/516 v. Abogeta/Upper Kiungone/1041 vi. Abogeta/Lower Kithangari/816 vii. Abogeta/Lower Kiungone/560 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/546/eng@2026-01-29 1
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4. The Land Registrar, Nkubu Lands Registry, do forthwith give effect to the said orders and cancel the entries of inhibition against the above mentioned titles. 2. The application is predicated on the grounds on the face of it and supported by an affidavit sworn by Charles Muchui Mugwika, the Applicant’s appointed liquidator, on even date. He averred that the court issued orders of inhibition on the aforementioned societies’ properties on 20/7/2007 pending the hearing and determination of the said suit. The said suit has since been heard and determined, and it is therefore imperative that said orders are lifted so that the liquidation process and settlement of the creditors’ debts, inclusive of the Respondents, can be finalized, within the 6 months decreed by the Commission for Co-operative Development, and prayed for grant of the orders sought in the interest of justice. 3. The application was not responded to. 4. The application was canvassed by way of written submissions, which were only filed by counsel for the Applicant. Determination 5. Having considered the application and the submissions, I find the issue for determination to be whether the orders sought ought to be issued. 6. On 11/11/2025, Mr. Asamba holding brief for Ms. Kaume for the Respondents intimated to court that they would be conceding to the application once they had received instructions from their clients to execute the consent dated 17/11/2025. 7. The said consent was subsequently filed in court on 18//11/2025, duly executed by counsel for both parties in the following terms; “ By CONSENT of the parties and their Advocates, the Notice of Motion dated 25th September 2025, be and is hereby allowed in its entirety.” 8. I appreciate the liquidator’s willingness to complete the settlement of the Applicants’ debts, inclusive of the Respondents, within 6 months, if granted any opportunity to do so. 9. In keeping with the overriding objectives under sections 1A and 1B of the Civil Procedure Act, I find that the application is merited and it is hereby allowed in its entirety in terms of the consent order dated 17/11/2025. DATED AND DELIVERED AT MERU THIS 29TH DAY OF JANUARY, 2026. S. M. GITHINJI JUDGE Appearances: Ms Mutema holding brief for Mr. Ariithi for the Defendant/Applicant. Ms. Kaume for the Plaintiff (absent). https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/546/eng@2026-01-29 2
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