REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELC LAND CASE NO. E020 OF 2026 COUNTY GOVERNMENT OF MERU............................PLAINTIFF =VERSUS= CHARLES MUCHUI MUGWIKA (Liquidator of ABOGETA FARMERS COOPERATIVE SOCIETY LIMITED (NOW UNDER LIQUIDATION)...............1ST DEFENDANT THE LAND DEFENDANT REGISTRAR, THE ATTORNEY DEFENDANT IMENTI SOUTH..........2ND GENERAL............................3RD =AND= THE NATIONAL PARTY LAND COMMISSION..........INTERESTED RULING (EX-TEMPORE) 1. It has emerged that the plaintiff made pleadings and relied on a closed title. They now seek time to amend their pleadings and the application dated 11/5/2026. The oral Page 1| 3
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plea for leave to amend is not opposed. Taking into account the fact that the pleadings have not closed, the oral plea for leave to amend both the plaint and the application is allowed. 2. It has also emerged that the 1st defendant seeks to canvass the jurisdictional question of res-judicata on the platform of a preliminary objection. Res-judicata speaks to the existence of past litigation, past issues and past determination by a court to competent jurisdiction. It is an issue that calls for evidence. A preliminary objection does not offer the platform for evidence. Consequently, the 1st defendant is directed to bring a formal application if they wish to canvass the issue of res-judicata. 3. Lastly, in view of the fact that the register relating to Nkuene/Mitunguu/190 is said to have been closed on subdivision of the land, there will be no sense in extending the order dated 19/5/2026. 4. Directions on 27/7/2026. DATED SIGNED AND DELIVERED AT MERU THIS 16TH DAY OF JUNE, 2026. B M EBOSO [MR] JUDGE In the Presence of Mr Kanyumoo for the Plaintiff Mr Mutema holding brief for Mr Kiautha Arithi for the 1st Defendant Page 2| 3
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Ms E Wairimu holding brief for Mr Obura for the 2nd and 3rd Defendants Court Assistant – Mr. E. Tupet Page 3| 3
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