Annah Nasimiyu Murunga v K-Rep Bank Limited & Garam Investments [2013] KEHC 2944 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

ENVIRONMENTAL AND LAND CASE NO. 6 OF 2013

ANNAH NASIMIYU MURUNGA..............………...........……….………….. PLAINTIFF

VERSUS

K-REP BANK LIMITED........................................1ST DEFENDANT/RESPONDENT

GARAM INVESTMENTS.................…………......2ND DEFENDANT/RESPONDENT

RULING

In an application brought under Order 40 rules 1,2,3 & 4 and sections 1,1`A, 1B and 3A of the Civil Procedure Rules, the applicant sought injunctive reliefs to restrain the defendants from auctioning her land L.R. No. E. Bukusu/S. Kanduyi/4382. The application  is dated   9th January 2013.

The application is opposed and the 1st defendant has filed a replying affidavit sworn by Jared Omanyo Lipuku, its  branch manager. In his sixteen paragraph affidavit, the  1st  Respondent has annexed  several documents among their charge document and indemnity and guarantee form signed by the applicant.

The applicant  did not file any further affidavit to counter the issues raised  in the replying affidavit despite leave  having given when the matter came up for inter partes  hearing  on 7th February  2013, the application was adjourned

RULING DATED, SIGNED, READ AND DELIVERED in open court this 20th

day of June  2013.

OMOLLOJUDGE.