Jane Njeri Muriithi (suing as the Administrator of the Estate of Muriithi Ngari Mbaru alias Titus) v Peter Githinji Muthigani [2020] KEELC 1908 (KLR)
- Court
- Environment & Land Court
- Case number
- 1908
- Citation
- [2020] KEELC 1908 (KLR)
- Decided
- 29 May 2020
The application is dismissed as the respondent has not shown that the interested parties were not aware of the case and the respondent's remedy lies with pursuing a refund from the applicant.
Facts
The judgment of the court dated 5th July 2019 conflicted with the orders of Hon. Lady Justice Ong’udi in Embu HCC No. 35 of 2011 and ELC No. 188 of 2013. The applicant claims the land parcel No. MWERUA/KANYOKORA/118 was sub-divided and the interested parties have since bought, taken possession and developed their portions of land.
Issues
- Conflict between the judgment of the court and previous orders
- Interest parties' awareness of the case
- Fraudulent and un-procedural transactions by the respondent
Reasoning
The respondent argued that the interested parties were aware of the case and the respondent's remedy lies with pursuing a refund from the applicant. The applicant's submissions were not filed within the time frame.
Outcome
Dismissed
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