Cecilia Kambura Mukindia & Salesio Irite M’mukindia v M’maingi Etharamburi [2015] KEHC 7913 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF  KENYA AT MERU

ENVIRONMENT AND LAND DIVISION

CIVIL SUIT NO 101 OF 2012

CECILIA KAMBURA MUKINDIA ......................................1ST PLAINTIFF/APPLICANT

SALESIO IRITE M’MUKINDIA ........................................2ND PLAINTIFF/APPLICANT

VERSUS

M’MAINGI ETHARAMBURI.........................................DEFENDANT /RESPONDENT

RULING

This application is dated 21/09/2015 and seeks the following orders:-

THATthis application be certified as extremely urgent and the same be heard as a matter of urgency and priority.

THATthis Honourable Court be pleased to issue orders of temporary injunction, restraining the defendant, his agents, representations, workers employees, family members  and/or anyone else working at his behest, restraining them from building, working on, tilling and interfering with the applicants user of land parcels LR No. RUIRI/RWARERA/5088 and 5089 pending the hearing and determination of this application.

THATthis Honourable Court be pleased to issue orders of temporary injunction, restraining the  defendant, his agents, representatives, workers, employees, family members and/or anyone else working  at his behest , restraining them

from building , working on, tilling and interfering  with the applicants user of land parcels LR.  No. RUIRI/RWARERA/5088 and 5089 pending the hearing and determination of this suit.

THATcosts for and incidental to this application be borne by the respondent.

It has the following grounds:-

THATthe 1st applicant was the registered owner of land parcel No. RUIRI/RWARERA/5088 as at the time of filing this suit and has since acquired land parcel No. RUIRI/RWARERA/5089 by  transmission upon completion of Meru High Court Succession Cause No. 26 of 2008.

THATthe respondent is a mere trespasser who has no known claim or interest over the material parcels of lands.

THATthe respondent has now embarked on unfettered development of permanent structures on the material parcel of land to lay basis for future claim on occupation.

THATthe applicants have established prima-facie case with high chances of success.

During interpartes hearing on 19/10/2015, Mr. Mutegi holding brief for Mr. Gichunge told the Court that since the respondent was not in Court the application should be allowed. I allow the application in terms of prayer 3.

Costs shall be in the cause.

Delivered in Meru this 19th day of October, 2015 in the presence of:-

CC: Daniel/Lilian

Mutegi for the Applicant

P. M. NJOROGE

JUDGE