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JOYCE MREMA…………………….…………………………...PLAINTIFF -VERSUSJOYRIDE DEVELOPMENT COMPANY ………………...…….RESPONDENT ORIGINATING SUMMONS (UNDER ORDER 37 RULE 7 OF THE CIVIL PROCEDURE RULES; SECTION 1A, 1B AND 3A OF THE CIVIL PROCEDURE ACT; SECTION 52 OF THE REGISTERED TITLES ACT, SECTION 38 OF THE LIMITATION OF ACTIONS ACT AND ALL OTHER ENABLING PROVISIONS OF THE LAW) LET JOYRIDE DEVELOPMENT COMPANY of Post Office Box Number the Respondent herein, within fourteen days after service of this summons on or inclusive of the day of service on him through the Plaintiff’s Advocates enter an appearance to the summons which is issued upon application of JOYCE MREMA whose address of service for purposes of this suit shall be care of Kipruto Kiprono & Co Advocates, Cannon Towers, 4th floor, Mombasa for orders : 1. THAT the title to the whole of that parcel of land known as L.R No. 150982/908 situated in Voi, Taita District be deemed to have been extinguished through adverse possession by the plaintiff. 2. THAT the plaintiff be registered as the proprietors of the said parcel of land. 3. THAT the plaintiff and her family are adamant and they cannot and will not move from the parcel of land unless they receive alternative settlement and compensation for the developments that they have made thereon to the tune of Kshs 5,500,000. 4. THAT the Honourable Court be pleased to grant such further or other relief as may be just in the circumstances and incidental thereto, costs be costs in the cause.
3. 4. DATED at MOMBASA this day of 2012 KIPRUTO KIPRONO ADVOCATE FOR THE PLAINTIFF Drawn & filed by: KIPRUTO KIPRONO Company Advocates P. The plaintiff and her family have substantially developed the said piece of land for a value of 5. openly .500.000. without permission and without force resided on the piece of land known as LR No 150982/908 for over 40 years allowing them to have adverse title of the land. . THAT the Plaintiff and her family have quietly.O BOX 90875-80100 MOMBASA NOTE: If any party served does not appear at the time and place above mentioned such order would be made and proceedings taken as the court may think just and expedient. The plaintiff’s father Mr. 1. THAT a temporary injunction be granted against the Respondent’s intended construction of a school.5. 2. on the suit land until determination of the suit. The plaintiff’s father was buried in the said parcel of land. Paul Mrema who has since died has lived and settled on the above named parcel of land continuously without any interference from the Respondent since 1970. THIS summon is based on the grounds set hereunder and supported by the annexed affidavit of JOYCE MREMA upon such other and/or further grounds to be adduced at the hearing hereof.
TO BE SERVED UPON: JOYRIDE DEVELOPMENT COMPANY MOMBASA (SERVICE OF SUMMONS TO BE EFFECTED THROUGH THE PLAINTIFFS ADVOCATES OFFICES) .
my family and I have openly continued to reside in the parcel of land known as LR NO 150982/908 and constructed three permanent homes. 3. THAT I am the plaintiff herein hence competent and authorized to swear this affidavit. 4..PLAINTIFF VERSUS JOYRIDE DEVELOPMENT COMPANY……. 2011herein annexed as “JM-3” .REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO BETWEEN JOYCE MREMA…………………………………. a shop and carried out extensive cultivation with a building permit from the Municipal council herein marked as “JM-2” 5.. THAT I have been issued with general Powers of Attorney by all the members of my family hence competent and duly authorized to make this affidavit and annexed herein and marked “JM-1” is a copy of the Powers of Attorney. 2.. THAT since 1970. THAT I know no other home other than the said parcel of land of LR NO 150982/908 in which my father was buried and acquired a burial permit dated 3rd December.RESPONDENT OF 2012 SUPPORTING AFFIDAVIT I. JOYCE MREMA a resident in Voi. THAT I am an adult female of sound mind and a resident within the Republic of Kenya. Taita District and in the Republic of Kenya do hereby make an oath and swear as follows:1.
11. 9.THAT Respondent’s claim that we are licensees on the land is scandalous vexatious. THAT the Respondent alleges to be the registered owner of the said parcel of land and has served my family and I with an eviction notice dated 3rd April 2012 herein is a copy marked “JM-4”. 10. 13.THAT what is deponed herein is true to the best of my information. knowledge and belief save where otherwise stated. without force and without permission and the company has always been aware that we have been in quiet possession of the parcel of land in question.THAT despite demands made and notice of intention to sue herein given the Respondent has neglected and refused to admit the Applicant’s ownership of the land hence this suit is rendered necessary annexed is a copy of the demand letter marked “JM-5”. 14. THAT my family and I have never been required to pay any ground rent to the Respondent for us to occupy the said parcel of land.THAT we moved into the parcel of land before the Respondent bought the land in 1975. THAT our occupation has been open. .6. 7. 12. frivolous and untrue. THAT the Respondent intends to construct on the said piece of land structures and they have already contracted a surveyor and architects to plan for the construction. 8.THAT I am advised by my advocate on record which advise I verily believe to be true that in the light of the foregoing the Respondent’s title to the suit land has become extinguished by my adverse possession of the same.
SWORN at MOMBASA by the said JOYCE MREMA This day of 2012 ) ) ) ) )…………………………… ) ) ) BEFORE ME: COMMISSIONER FOR OATHS DRAWN AND FILLED BY: KIPRUTO KIPRONO Company Advocates P.O Box 90875-80100 4th Floor Rm. 117 CANNON TOWERS BULDING MOMBASA .
. if it is tendered in evidence. were born and raised in Voi on the aforesaid parcel of land. Marianne Mrema and Paul Junior Mrema.……. being That my parents Mr... I shall be liable to prosecution if I have willfully stated in it anything which I know to be false or do not believe to be true. That my two siblings. My name is Joyce Mrema. The Respondents are Joyride Development Company of Post Office the legal owners of the said parcel of land. That my family and I have been in occupation of the said parcel of land known as LR NO 150982/908 since 1970.. My current address is 51726-00200 Voi. we have been directed to immediately vacate the said parcel of land and possession be handed over to the company.RESPONDENT WITNESS STATEMENT OF JOYCE MREMA This statement is true to the best of my knowledge and belief and I make it knowing that..REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA MOMBASA CIVIL SUIT NO …10…….…………………………. OF 2012 JOYCE MREMA……………………. That pursuant to an eviction notice dated 3rd april 2012. That we have never been required to pay any ground rent to the Company for us to occupy the parcel of land. I am the plaintiff in this suit. Paul Mrema and Joanna Mrema moved into that parcel which was then a bare tract of landfrom their hometown in Wundanyi.PLAINTIFF -VERSUSJOYRIDE DEVELOPMENT COMPANY ……………….
That we moved into the parcel of land before Joyride Development Company itself. a shop and we have carried out extensive cultivation thereon and that the value of our developments is Kshs. That we cannot move from the parcel of land unless we receive alternative settlement and compensation for the developments we have made thereon.500.000. That we have constructed three permanent homes.That our occupation has always been open and the Company has been aware that we have been in possession of a portion of the parcel of land in question. We therefore claim permanent injunction.O BOX 90875-80100 CANNON TOWERS BUILDING 4TH FLOOR ROOM 117 MOMBASA TO BE SERVED UPON: JOYRIDE DEVELOPMENT COMPANY MOMBASA . DATED at Mombasa this day of 2012 Signed …………………………………………………… JOYCE MREMA This witness statement was taken out by: MARIANNE MREMA PAUL MREMA DRAWN AND FILED BY: KIPRUTO KIPRONO Company Advocates P. 5. alternative compensation costs of the suit.
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