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JudgmentJOSEPH B. MAKWARO VS1 min read

JOSEPH B. MAKWARO VS

Environment and Land Court at Kisii Environment and Land Court · · Sila Munyao


REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KISII
KISII ELCL PETITION NO. E001 OF 2025
(Formerly Kisii High Court Petition No. 25 of 2013)

ONGORI NYAKARA ……………………………...……….. 1ST PETITIONER
JOSEPH B. MAKWORO ………………………….……….. 2ND PETITIONER
PIUS MACHOGU MOTONU (ALIAS OMETE) …….……. 3RD PETITIONER

VERSUS

ATTORNEY GENERAL ………………………………….. 1ST RESPONDENT
THE DISTRICT LAND REGISTRAR …………………… 2ND RESPONDENT
ALICE MONYENYE MABIRIA ………………………… 3RD RESPONDENT
THOMAS MABIRIA ………………….………………….. 4TH RESPONDENT

RULING
1. Before me is an application dated 14 May 2024 filed by the legal representatives ad litem of the estates of the 1st and 2nd petitioners. There were many prayers in the application which were abandoned save for the prayer for substitution of the now deceased 1st and 2nd petitioners. This prayer is not opposed by any of the other parties.

2. To put matters into context, this suit was commenced through a petition filed on 21 August 2013. In the petition, the petitioners claimed to be respectively entitled to portions measuring 17 x 150 feet, 25 x 100 feet, and 50 x 100 feet, out of the land parcels Bassi/Bosingi/1895 and 1896 registered in name of the 3rd and 4th respondents. The suit was settled vide a consent entered filed on 1 July 2015. In that consent the petitioners and the 3rd and 4th respondents agreed to allow the prayers sought in the petition.

3. That seemed to be the end of the matter but it would appear that there are issues related to execution of the decree and now the applicants wish to substitute the deceased 1st and 2nd petitioners for purposes of executing the decree.

4. I have no issue allowing the application to the extent of substituting the deceased 1st and 2nd petitioner and that prayer is allowed.

5. There will be no orders as to costs.

6. Orders accordingly.

DATED  AND  DELIVERED  THIS  21  DAY  OF  MAY  2025

JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT
AT KISII

Delivered in the presence of :
Mr. Ayienda for 5th respondent
Other parties – Absent
Court Assistant – Michael Oyuko

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