Kalunge v Muthuri & 3 others (Land Case Appeal E066 of 2026) [2026] KEELC 5052 (KLR)

Kalunge v Muthuri & 3 others (Land Case Appeal E066 of 2026) [2026] KEELC 5052 (KLR) (21 July 2026) (Ruling) Neutral citation: [2026] KEELC 5052 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU LAND CASE APPEAL E066 OF 2026 BM EBOSO, J JULY 21, 2026 BETWEEN MADALINA KATHAO KALUNGE ...................................................... APPELLANT AND JOSEPHAT THIANE MUTHURI ................................................ 1ST RESPONDENT IGEMBE SOUTH SUB-COUNTY SURVEYOR ......................... 2ND RESPONDENT THE LAND REGISTRAR MERU NORTH ............................... 3RD RESPONDENT ATTORNEY GENERAL ............................................................... 4TH RESPONDENT RULING 1. Before court is the notice of motion dated 17/6/2026. Through it, the appellant seeks an order staying implementation of the order of the lower court dated 20/89/2025 on reliance of the surveyor’s report dated 30/9/2025. 2. Although the 1st respondent filed a response, his counsel has informed the court that he does not oppose the plea for stay of implementation pending the hearing and disposal of this appeal. The Attorney General, too, does not oppose the stay of implementation. 3. In the circumstances, there shall be a stay of implementation of the order of the lower court made on 20/8/2025, pending the disposal of this appeal. Costs of the application dated 17/6/2026 shall be in the appeal. The application is marked disposed in the above terms. DATED, SIGNED AND DELIVERED AT MERU THIS 21ST DAY OF JULY, 2026. B M EBOSO [MR] ELC JUDGE In the Presence of: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5052/eng@2026-07-21 1

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