Esther Muguru Njeri Njoroge Micheni v Ian Karani, Francis Kamundi Munyua Kamund & Land Registrar Tharaka Nithi County [2020] KEELC 1267 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. E001  OF 2020

ESTHER MUGURU NJERI NJOROGE

MICHENI...............................................................APPLICANT

VERSUS

IAN KARANI KAMUNDE............................1ST RESPONDENT

FRANCIS KAMUNDI MUNYUA................2ND RESPONDENT

THE LAND REGISTRAR THARAKA NITHI

COUNTY ....................................................3RD RESPONDENT

RULING

1. This application is dated 23rd September, 2020 and seeks, inter alia, the following orders:

1. This application be certified as urgent and be heard ex-parte in the first instance due to the urgent nature of the reliefs sought and service of this application be dispensed with.

2. THAT leave is hereby granted that the 1st Respondent be served through electronic mail since he is a German Resident.

3. THAT this Honourable Court be pleased to order that an inhibition be issued and the same be registered against parcel No. KIERA/MAGUTUNI/98 to restrict any dealings or transfer of the said parcel of land and the District Land Registrar Chuka be directed to register the inhibition against the parcel of land pending the hearing and determination of this Application inter partes or until further orders of this Honourable Court.

4. THAT this Honourable Court be pleased to issue a temporary order of injunction restraining the Respondents whether by themselves, their servants, agents, or any person whomsoever from doing any of the following acts that is to say evicting, demolishing the Applicant’s houses, selling, leasing, charging or otherwise howsoever interfering with the Applicant’s quiet, peaceful, actual and exclusive possession, cultivation, user, development and enjoyment of the parcel of land known as Title Number KIERA/MAGUTUNI/98 pending the hearing and determination of this Application inter partes.

5. IN THE ALTERNATIVE this Honourable court be pleased to order the status quo prevailing as at April, 2017 regarding possession, user, occupation and registration of the parcel of land known as Title Number KIERA/MAGUTUNI/98 by the Applicant pending the hearing and determination of this application inter partes or until further Court orders.

2. During exparte hearing, Mr. Okweh Achiando, through zoom, relied on the face of the grounds on the face of the apposite notice of motion and on the applicant’s supporting affidavit sworn on 23rd September, 2020.

3. Upon hearing the application, the following orders are issued:-

1. Prayers 1, 2, 3 and 5 in the application are granted pending interpartes hearing of the application.

2. Prayer 7 is granted.

3. Interpartes hearing will take place on 14. 10. 2020.

Heard via zoom and delivered electronically this 28th day of September, 2020 in the presence of:

CA: Ndegwa

Okweh Achiando for the applicant (via zoom)

P. M. NJOROGE,

JUDGE.