[2020] KEELC 966 (KLR)
The court determined that the application for the firm of S.G. Mbaabu & Co. Advocates to come on record for the plaintiffs was unopposed and procedurally proper. The court granted leave for the firm to represent the plaintiffs, enabling them to file a response to the substantive application. The court did not...
Source-derived case information.
- Citation
- [2020] KEELC 966 (KLR)
- Parties
- Plaintiff: Alvin Mbae; Plaintiff: Alice Mbiro (through Alvin Mbae as next friend); Plaintiff: Wilson Mbaabu; Defendant: Kinyua Mukatha; Defendant: Monica K. Mugo; Defendant: Anderson Nkonge Mugo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 258 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Substitution, Vacation of Inhibition, Eviction, and Representation
- Outcome
- Application for leave to come on record for the plaintiffs allowed; other prayers deferred.
- Legal Topics
- Substitution of Parties, Vacation of Inhibition, Eviction Orders, Legal Representative, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alvin Mbae
Plaintiff
Alice Mbiro (through Alvin Mbae as next friend)
Plaintiff
Wilson Mbaabu
Plaintiff
Kinyua Mukatha
Defendant
Monica K. Mugo
Defendant
Anderson Nkonge Mugo
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Substitution, Vacation of Inhibition, Eviction, and Representation
Legal Issues
- 1 Whether the firm of Kiogora Mugambi Co. Advocates should be granted leave to come on record for the defendants.
- 2 Whether Edwin Nyaga Mukatha should be allowed to proceed as legal representative of the deceased 1st defendant for execution purposes.
- 3 Whether the plaintiffs should be compelled to give vacant possession and be evicted from parcel Mwimbi/Murugi/1715.
Ratio Decidendi
The court determined that the application for the firm of S.G. Mbaabu & Co. Advocates to come on record for the plaintiffs was unopposed and procedurally proper. The court granted leave for the firm to represent the plaintiffs, enabling them to file a response to the substantive application. The court did not address or determine the substantive prayers for substitution, vacation of inhibition, or eviction at this stage, as the matter was limited to representation and procedural compliance. The ruling was thus confined to allowing the change of advocates and setting the stage for further hearing of the substantive application.
Court Disposition
Application for leave to come on record for the plaintiffs allowed; other prayers deferred.
Orders
- The firm of S.G. Mbaabu & Co. Advocates is allowed to come on record to represent the plaintiffs.
- The plaintiffs are granted leave to file a response to the application.
Full Case Text
Judgment text and source record
44 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 258 OF 2017
FORMERLY MERU ELC. CASE NO. 116 OF 2017
ALVIN MBAE……...…………………………………………….1ST PLAINTIFF
ALICE MBIRO (THRO’ALVIN MBAE AS NEXT FRIEND)…2ND PLAINTIFF
WILSON MBAABU………………………………………….....3RD PLAINTIFF
VERSUS
KINYUA MUKATHA………..……………………….…..... 1ST DEFENDANT
MONICA K. MUGO……………………………………..…2ND DEFENDANT
ANDERSON NKONGE MUGO………………………...…3RD DEFENDANT
RULING
1. This application is dated 18th August, 2020 and seeks orders:
1. That this application be certified urgent and service of the same be dispensed with and or same be heard ex-parte in the first instance, and or issue directions for hearing on 13th day of October, 2020 when the other defendant’s application dated 23rd July, 2020 will be heard.
2. That this honourable court be pleased to grant leave to the firm of Kiogora Mugambi Co. Advocates for the defendants.
3. That the honourable court be pleased to allow one Edwin Nyaga Mukatha to proceed with matter as the legal representative of Kinyua Mukatha the 1st defendant herein who died on 21st October, 2006 for the purpose of execution of court judgment herein and other related proceedings.
4. That the honourable court be pleased to vacate the inhibition orders placed on Mwimbi/Murugi/1715 of vide a court order in HCC No. 3 of 2001 and equally be pleased to vacate all cautions registered on parcel No. Mwimbi/Murugi and 1715 respectively.
5. That the honourable court be pleased to make an order compelling the plaintiffs to give vacant possession to the defendants in parcel referred as Mwimbi/Murugi/1715 the property of the 1st defendants.
6. That honourable court be pleased to make an order of eviction of the plaintiffs from occupation possession and or any dealing whether physical possession or otherwise from parcel No. Mwimbi/Murugi/1715.
7. That the honourable court be pleased to direct the officer commander Chogoria Police Station to provide security during eviction of the plaintiff from suit land Mwimbi/Murugi/1715 respectively and further make an order directing Beeline Auctioneers to execute the orders of the court.
8. Costs of the suit be provided for.
2. The application has the following grounds:
1. That the 1st defendant Kinyua Mukatha is the owner of parcel No. Mwimbi/Murugi/1715.
2. .
3. That litigation must come to end.
4. That there have been several suit filed by the plaintiff where the court has pronounced itself and dismissed suits thereof against the plaintiffs.
5. That a degree of this court is never issued in vain hence the plaintiffs must belong to the rule of law.
6. That the defendants are desirous land entitled to enjoyment of judgment of this court.
7. That the plaintiffs have been in occupation of the suit property Parcel No. Mwimbi/Murugi/1715 in the illegally against equity.
8. That the honourable court be pleased to allow one Edwin Nyaga Mukatha to proceed with matter as the legal representative of Kinyua Mukatha the 1st defendant herein who died on 21st October, 2006 for the purpose of execution of court judgment herein.
9. That the continued infringement to the defendants right by the plaintiffs is against fundamental principles of law.
10. That this court in its wisdom dealt extensively on the issue of all related filed cases in respect of the parties herein and properties thereon and as such HCC No. 3 of 2001 Meru is among them and thus this court has powers to issue orders as prayed in tandem with its judgment.
11. That the court having pronounced itself and there being no appeal lodged and or any appeal arguable with chances of success then this court is possessed of the power to free and protect the said parcel No. Mwimbi/Murugi/1715 from any caution, inhibition and illegal possession and user and thereby be pleased proceed to make the orders as prayed and or sought.
12. The plaintiffs’ actions are illegal and inimical to good order in the society and/or conduct of relationship unless evicted the applicants shall be highly prejudiced and shall suffer irreparable loss and damages not compensable by any award of damages.
3. The application is supported by the affidavit of Edwin Nyaga Mukatha, an Interested Party, sworn on 18th August, 2020.
4. When the matter was slated for interpartes hearing on 13th October, 2020, Mr. Barrison Gitari, holding brief for the firm of S.G. Mbaabu advocates, told the court that the firm sought leave of court to come on record for the plaintiff so that they could file a response to the application.
5. Advocate Kimathi Kiara, holding brier for advocate Kiogora Mugambi, told the court that he was not opposed to the oral application.
6. In the circumstances, the firm of S.G. Mbaabu & Co. Advocates is allowed to come on record to represent the plaintiffs.
Delivered in open Court at Chuka this 13th day of October, 2020 in the presence of:
CA: Ndegwa
Barrison Gitari h/b S.G. Mbaabu for the plaintiffs
Kimathi Kiara h/b Kiogora Mugambi for the defendants.
P. M. NJOROGE,
JUDGE.