EPHANTUS NYAGA NYAGA v EPHRAIM N. NTHAMBIRI [2007] KEHC 1040 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT EMBU

Civil Case 56 of 2006

EPHANTUS NYAGA NYAGA……….....……………PLAINTIFF

VERSUS

EPHRAIM N. NTHAMBIRI…….………………….DEFENDANT

11/12/2006

Patrick for Gatumuta & Co. Advocate for plaintiff present

N/A for Defendants Advocate

ORDER:

Matter fixed for formal proof on 11/7/2007.  Defendant Advocate be served.

11/7/2007

Coram: Khaminwa J.

Njue C.C.

Mr. Gatumuta for plaintiff

Application for directions.

(1)  Defendant affidavit …… as a statement of defence.

(2)  Parties are at liberty to call viva voce evidence.

Matter to be heard in Embu ½ a day.

J. KHAMINWA

JUDGE.

24/7/2007

Khaminwa J.

Njue clerk

Mr. Njue Advocate with certificate of urgency on ground that the Respondent has …………….cutting trees uprooting coffee plants.

See grounds listed and the supporting affidavit.  Applicant is registered owner of suit land.

COURT:  I certify the matter as urgent.

J. KHAMINWA

JUDGE.

Application to be served for hearing on priority basis for hearing on 26/7/2007.

J. KHAMINWA

JUDGE.

26/7/2007

Coram: Khaminwa J.

Njue C.C.

Mr. Njue :  Applicant N/A.

Respondent:  I have already served the Respondent and filed Affidavit of service.  They are not here now 3. 30 p.m.  I ask for interim orders.

RULING:

This matter was certified urgent and direction was given for hearing today.  The Respondent is not present in court.  Upon reading the application and supporting affidavit I allow the application and grant orders sought.

Pending the hearing of this suit.

Costs in the cause.

J. KHAMINWA

JUDGE.