Mwanthi v Theophilus & 2 others (Land Case (Originating Summons) 153 of 2012) [2026] KEELC 3377 (KLR)

Mwanthi v Theophilus & 2 others (Land Case (Originating Summons) 153 of 2012) [2026] KEELC 3377 (KLR) (2 June 2026) (Ruling) Neutral citation: [2026] KEELC 3377 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU LAND CASE (ORIGINATING SUMMONS) 153 OF 2012 BM EBOSO, J JUNE 2, 2026 BETWEEN LEONARD KIMEU MWANTHI .............................................................. PLAINTIFF AND PATRICK KIRIMI THEOPHILUS ................................................. 1ST DEFENDANT JOHN NYAGA M’ITONGA ............................................................ 2ND DEFENDANT THE PUBLIC TRUSTEE OF KENYA ........................................... 3RD DEFENDANT RULING 1. Judgment in this matter was rendered on 3/10/2024 by Yano J. The caution that is the subject matter of the application dated 23/7/2025 pre-dates this suit. 2. Given the above circumstances, this suit is not available as a platform on which to seek an order vacating the caution. The proper procedure is for the applicant to file a miscellaneous application seeking an order vacating the caution. 3. Taking into account the background of the application, the application is hereby struck out with no award of costs. The background is that the plaintifi has not filed a response to the application and has elected to keep the caution in place despite having lost his claim. DATED SIGNED AND DELIVERED AT MERU THIS 2ND DAY OF JUNE, 2026. B M EBOSO [MR] JUDGE In the presence of Mr Ngeera for the 1st Defendant https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3377/eng@2026-06-02 1

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