Abdul Rahim Dawood v Martha Kithiru, Stepen M'Twamwari & Margaret M. Nkuene [2015] KEHC 1252 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

CIVIL CASE NO. 16 OF 2011

ABDUL RAHIM DAWOOD...................................................................PLAINTIFF

VERSUS

MARTHA KITHIRU...............................................1ST DEFENDANT/APPLICANT

STEPEN M'TWAMWARI............................................................2ND DEFENDANT

MARGARET M. NKUENE...........................................................3RD DEFENDANT

R U  L I N G

This application stated to have been filed under S. 68 (1) Land registration Act seeks orders that:

(a)     The Honourable Court do certify this application as extremely urgent and the same be heard ex-parte in the 1st instance, service of the same to be dispensed with in the 1st instance.

(b)     The Hon. Court do issue an order for inhibition restraining any dealings whatsoever with land parcel NO.NTIMA/IGOKI/6761 until the suit is determined or until this application is heard and determined or until further orders of this court.

(c)      The Hon. Court do make such further orders as may meet the ends of justice.

(d)     Cost be borne by the respondent

The application has the following grounds:

That the respondent is in the process of selling all his properties in Meru including the suit land to a third party.

That if the suit land is sold the applicant will suffer irreparably as they shall be evicted from home and where they eke their living.

On 7. 10. 2015, the parties' advocates told the Court that they had by consent agreed to have the application allowed.  In the circumstances, the application is allowed.

Costs shall be in the cause.

I direct that all parties do fully comply with Order 11, CPR, within sixty days of today.

Delivered in Open Court at Meru this 7th day of October, 2015 in the presence of:

Cc. Lilian/Daniel

Mutuma for Plaintiff

Manasses Kariuki h/b E. G. Mwangi for Defendant

P. M. NJOROGE

JUDGE