[2016] KEELC 1215 (KLR)
The court adopted the consent of the parties, which allowed the plaintiffs' application for leave to file an additional witness statement and call one more witness. The court found that there was no opposition to the application, and the interests of justice required that all relevant evidence be placed before the...
Source-derived case information.
- Citation
- [2016] KEELC 1215 (KLR)
- Parties
- Applicant: Andrew Murithi M'Ndegwa; Applicant: Cecilia Kinya M'Ndegwa; Applicant: Grace Karwirwa M'Ndegwa; Respondent: Frankline Mutuma Nkonge; Respondent: Joseph Nkonge M'Arithi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 129 of 2013
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application for Leave to File Additional Witness Statement and Call One More Witness
- Outcome
- Application allowed by consent; leave granted to file additional witness statement and call one more witness.
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Limitation of Actions, Leave to Call Additional Witness, Witness Statements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Murithi M'Ndegwa
Applicant
Cecilia Kinya M'Ndegwa
Applicant
Grace Karwirwa M'Ndegwa
Applicant
Frankline Mutuma Nkonge
Respondent
Joseph Nkonge M'Arithi
Respondent
Procedural Posture
Civil Suit / Ruling on Interlocutory Application for Leave to File Additional Witness Statement and Call One More Witness
Legal Issues
- 1 Whether the plaintiffs should be granted leave to file an additional witness statement and call one more witness in support of their claim for adverse possession.
- 2 Whether granting such leave would prejudice the defendants.
Ratio Decidendi
The court adopted the consent of the parties, which allowed the plaintiffs' application for leave to file an additional witness statement and call one more witness. The court found that there was no opposition to the application, and the interests of justice required that all relevant evidence be placed before the court, especially in a claim for adverse possession. The court further noted that the defendants would not be prejudiced, as they retained the right to call further evidence if they wished. Accordingly, the application was allowed as prayed by consent of the parties.
Court Disposition
Application allowed by consent; leave granted to file additional witness statement and call one more witness.
Orders
- The Notice of Motion application dated 10/11/2015 is allowed as prayed.
- The plaintiffs are granted leave to file an additional witness statement and call one more witness.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND DIVISION
CIVIL SUIT NO 129 OF 2013(O.S)
IN THE MATTER OF LIMITATION OF ACTIONS ACT CAP 22 LAW OF KENYA
AND
IN THE MATTER OF LAND REGISTRATION ACT, 2012
AND
IN THE MATTER OF LAND ACT 2012
ANDREW MURITHI M'NDEGWA …...................1ST APPLICANT/PLAINTIFF
CECILIA KINYA M'NDEGWA...............................3RD APPLICANT/PLAINTIFF
GRACE KARWIRWA M'NDEGWA......................4TH APPLICANT/PLAINTIFF
VERSUS
FRANKLINE MUTUMA NKONGE................1ST RESPONDENT/DEFENDANT
JOSEPH NKONGE M'ARITHI.......................2ND RESPONDENT/DEFENDANT
R U L I N G
This application is dated 10/11/2015. It seeks orders:-
THATthis Honourable Court be pleased to grant to the Plaintiff's herein leave to put in a witness statement annexed hereto and call one more witness in this matter.
THATthe cost of this application be in the cause.
The application is supported by the Affidavit of the Plaintiff and has the following grounds:-
THATthe Plaintiff's claim is founded on the Law of adverse possession and therefore the need to call witness (sic).
THATthe Court need to be fully furnished with all the evidence available to be able to make a well informed decision.
THATthe Defendant's shall not be prejudiced as they are free to call any further evidence if they wish.
THATthis Honurable Court directed the Plaintiffs to file a formal Application for leave.
On 10/2/2016 the parties proffered a Consent which they prayed the Court to adopt as its order. The Consent is in the following terms:-
“CONSENT
By Consent:
THAT the Notice of Motion application dated 10/11/2015 be allowed as prayed”.
The Consent is hereby adopted as an order of this Court.
It is so ordered.
Delivered in Open Court at Meru this 10th day of February, 2016 in the presence of:
CC: Daniel /Lilian
Gikunda Anampiu for the Applicants
Murithi for the Respondent.
P. M. NJOROGE
JUDGE