NTARANGWI IKIARA VTHE COMMISSIONER OF LANDS, MUNICIPAL COUNCIL OF MERU & JACKSON MUNYUA MUTUERA

JUDGMENT OF THE COURT

1. The appellant as plaintiff filed two civil suits at the Meru High Court against the respondents. The first case is HCCC No. 153 of 1995 where the listed defendants are the respondents herein. The second case is HCCC No. 164 of 1995 where the 3^rd respondent herein Jackson Munyua Mutuera is the sole defendant. This second case on being transferred to Meru High Court was assigned High Court Civil Suit No. 202 of 1995.

2. In Civil Case No. 2002 of 1995, the appellant sued the 3^rd respondent seeking an order for eviction from Plot No. Ntima/Igoki/2224 and mesne profit on the plot. In HCCC No. 153 of 1995 (O.S), the appellant sued the 1^st and 2^nd respondents claiming a determination of whether the 1^st and 2^nd respondents wrongly and in violation of his rights acquired Plot No. Ntima/Igoki/2224 which it then allocated to the 3^rd respondent. The cases were fixed for hearing before the High Court and learned judge consolidated the two cases.

3. At the hearing of this appe…