Benjamin F. Ngungi v Meru County Government [2016] KEHC 5043 (KLR)

REPUBLIC OF KENYA

IN THE  HIGH COURT OF KENYA AT MERU

LAND & ENVIRONMENT COURT

SUIT NO 185 OF 2014

BENJAMIN F. NGUNGI...................................................PLAINTIFF/APPLICANT

VERSUS

MERU COUNTY  GOVERNMENT.....................DEFENDANT/RESPONDENT

R U L I N G

This application is dated 24th December, 2014  and seeks orders:-

THAT the Honourable Court be pleased to certify this application as urgent.

THAT the honourable Court be pleased to issue temporary order of injunction restraining the defendant by it's officials , agent, servants, constructors or anybody acting at its behest from demolishing or in any other way whatsoever from interfering with the premises and or building situated   on Land  parcel No. 14463/Amwathi/Maua in Maua township in Igembe  South-Sub-County pending inter-parties hearing of this application  or until further orders of this Court.

That the Honourable Court be pleased  to order temporary order of injunction restraining the defendant by it's officials , agent, servants, constructors or anybody acting at its behest from demolishing or in any other way whatsoever from interfering with the premises and or building situated on land parcel No. 14463/AMWATHI/MAUA township in Igembe South-Sub County pending inter -parties hearing and determination of this  suit or until further orders of this court.

Costs of this application be provided for:

The application is supported by the affidavit of the Plaintiff, BENJAMIN F. NKUNGI, and has the following grounds: -

The Plaintiff is the registered owner of land parcel /plot No. 14463/ANWATHI/MAUA.

The Plaintiff constructed a commercial premises in parcel/plot No. 14463/AMWATHI/MAUA in accordance with by-laws of the then Maua Municipal Council.

The Defendant assured Plaintiff and others who complained that their premises wont be demolished as there was no justification for the demolition.

The defendant's agents are threatening to demolish Plaintiff's commercial premises situated in the said land.

That unless orders of the Honourable Court are  issued Plaintiff is likely to suffer  irreparable loss and damages.

The Defendant's actions are illegal  unprocedural and unconstitutional.

During directions on 26/04/2016, it transpired that the application was not opposed. Consequently Prayer 3 in the application  is confirmed . Costs shall be in the cause.  The application is hereby marked as settled.

It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 26TH DAY OF APRIL, 2016 IN THE PRESENCE OF:-

cc: Lilian/Daniel

Mutembei for the Plaintiff /Applicant

Muthamia for the Defendant/Respondent

P.M. NJOROGE

JUDGE