[2019] KEELC 3035 (KLR)
No substantive determination on the merits was made in this ruling. The court adopted the parties' consent to proceed by written submissions based on filed pleadings. The ruling formalized the procedural direction for the parties to file and exchange submissions within seven days and set a mention date for further...
Source-derived case information.
- Citation
- [2019] KEELC 3035 (KLR)
- Parties
- Applicant: Njeru Philip Njoka; Plaintiff: Alexander Nyaga; Defendant: Benjamin Collins Mati; Defendant: Gerrad Nyagi Wilson
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 13 of 2018
- Procedural Posture
- Originating Summons / Preliminary Directions; Adoption of Consent on Submissions
- Outcome
- Consent adopted; directions issued for filing and exchange of submissions.
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Land Registration, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njeru Philip Njoka
Applicant
Alexander Nyaga
Plaintiff
Benjamin Collins Mati
Defendant
Gerrad Nyagi Wilson
Defendant
Procedural Posture
Originating Summons / Preliminary Directions; Adoption of Consent on Submissions
Legal Issues
- 1 Whether the applicant is entitled to 2.01 acres of LR: MAGUMONI/MUKUUNI/303 under the doctrine of adverse possession.
- 2 Whether the applicant should be registered as proprietor of the said portion under adverse possession.
Ratio Decidendi
No substantive determination on the merits was made in this ruling. The court adopted the parties' consent to proceed by written submissions based on filed pleadings. The ruling formalized the procedural direction for the parties to file and exchange submissions within seven days and set a mention date for further directions. The court's reasoning was limited to recording and enforcing the parties' agreement on the mode of canvassing the suit.
Court Disposition
Consent adopted; directions issued for filing and exchange of submissions.
Orders
- The parties' consent to rely on pleadings and written submissions is adopted as an order of the court.
- All parties to file and exchange written submissions within 7 days.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 13 OF 2018 (OS)
IN THE MATTER OF THE REGISTRATION OF LANDS ACT NO. 3 OF 2012 SECTION 28(H)
AND IN THE MATTER OF ORDER 37 RULE 7 CIVIL PROCEDURE RULES
AND IN THE MATTER OF SECTION 38 OF THE LAW OF LIMITATION OF ACTIONS ACT CHAPTER 22 LAWS F KENYA AND
IN THE MATTER OF AN APPLICATION BY NJERU PHILIP NJOKA THAT THE COURT DO MAKE A DECLARATION THAT HE IS ENTITLED TO 2. 01 ACRES OF LR: MAGUMONI/MUKUUNI/303 UNDER THE DOCTRINE OF ADVERSE POSSESSION AND
IN THE MATTER OF AN APPLICATION BY NJERU PHILIP NJOKA THAT HE BE REGISTERED WITH 2. 01 ACRES OUT OF LR:MAGUMONI/MUKUUNI/303 WHICH HE HAS ACQUIRED UNDER THE DOCTRINE OF ADVERSE POSSESSION
ALEXANDER NYAGA....................... PLAINTIFF
VERSUS
BENJAMIN COLLINS MATI.....1ST DEFENDANT
GERRAD NYAGI WILSON......2ND DEFENDANT
RULING
1. The parties in this suit proffered a consent in the following terms:
“CONSENT
By consent of all parties, it is agreed that the parties in this matter do rely on the pleadings they have filed and canvass their suit by way of written submissions.”
Dated at Chuka this 11th day of June, 2019.
Signed by:-
1. Mr Mugo – Advocate for Applicant
2. Miss Ambani - Advocate for 2nd Respondent
3. Mr Mati – the 1st Respondent
2. The said consent is adopted as an order of this court.
3. All parties are directed to concurrently file and exchange written submissions within 7 days of today and also to file soft copies thereof within the said 7 days.
4. By consent, all parties will come to court on 19. 6.2018 for apposite directions.
Delivered in open Court at Chuka this 11th day of June, 2019 in the presence of:
CA: Ndegwa
I.C. Mugo for the Applicant
M/S Ambani for the 2nd Respondent
Benjamin Collins – 1st Respondent
P. M. NJOROGE
JUDGE