Mwobobia v Gacheri & another (Land Case (Originating Summons) E013 of 2024) [2026] KEELC 782 (KLR)

Mwobobia v Gacheri & another (Land Case (Originating Summons) E013 of 2024) [2026] KEELC 782 (KLR) (12 February 2026) (Ruling) Neutral citation: [2026] KEELC 782 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU LAND CASE (ORIGINATING SUMMONS) E013 OF 2024 BM EBOSO, J FEBRUARY 12, 2026 BETWEEN ELIPHAS KINYUA MWOBOBIA ............................................................. PLAINTIFF AND LUCY GACHERI .............................................................................. 1ST DEFENDANT NAHASHON GITONGA NKANDO ............................................ 2ND DEFENDANT RULING 1. This matter was scheduled for hearing of the defendants’ application dated 16/1/2026 on 3/3/2026. The court will be on leave in March 2026. For this reason, the court listed this matter for mention today to allocate it a fresh hearing date. 2. Counsel for the plaintifi has today submitted that the plaintifi no longer opposes the application dated 16/1/2026 and that the defendant may be granted leave to bring their counterclaim. 3. Although this matter was filed as an originating summons, there is no harm in the exhibited draft counterclaim being filed in the suit. Consequently, the replying afidavit dated 27/3/2025 shall be treated as the defendants’ joint defence. In addition, the defendants shall be at liberty to file and serve their counterclaim within 7 days. Parties will thereafter file and exchange their trial bundles. Mention on 14/4/2026 for pre-trial. DATED, SIGNED AND DELIVERED AT MERU THIS 12TH DAY OF FEBRUARY, 2026. B M EBOSO [MR] ELC JUDGE In the presence of: Ms Kajuju holding brief for Mr Mwarania for the defendants. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/782/eng@2026-02-12 1

page 1 of 2