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JudgmentNATHAN MURETHI MUCHIRI AND PETER MWANGI MUNA VS1 min read

NATHAN MURETHI MUCHIRI AND PETER MWANGI MUNA VS

Environment and Land Court at Eldoret Environment and Land Court · · E. M. WASHE, J

RULING

  1. It has come clear that the subject property has already been litigated previously by Nathan Mureithia Kabogo who was the 7th Defendant in CMCC No.384 of 1980.
  2. In this proceeding, the person known as Nathan Mureithia Kabogo was evicted from the land.
  3. Similarly, the father Jimmy Muchiri Mureithia was again sued in CMCC No. 1280 of 2004 in which he was ordered to vacate this suit property.
  4. An order of eviction was issued against Jimmy Muchiri Muriithi on the 08.02.2007 and the order is still valid.
  5. Now, the son who is the Plaintiff in this suit has filed a claim of adverse possession.
  6. The court is of the view that this claim is  prejudicial to the orders issued in the two files and there is a likelihood that this court might end up denying a lawful Decree Holder from enjoying their fruits.
  7. Consequently, this court hereby stays its own proceeding pending the execution of the order issued against the father and thereafter it will give further direction.
  8. The matter will be mentioned on 03.11.2025 for further directions.


IN THE PRESENCE OF;

Court Assistant: Brian

Counsel for Plaintiff: Mr. Kibii holding brief Mr. Murgor

Counsel for Defendant: Dr. Chebii for Defendant

    NATHAN MURETHI MUCHIRI AND PETER MWANGI MUNA VS NATHAN MURETHI MUCHIRI AND PETER MWANGI MUNA VS