George Kabayo as Legal Representative of the estate of M’mboroki M'itaru v District Land Adjudication Officer Tigania East/West, Director of Land Adjudication & Nathaniel Maingi Thimangu as legal representative of Abendinego Imaingi Iburi [2015] KEHC 2887 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CONSTITUTIONAL APPLICATION NO. 1 OF 2012

IN THE MATTER OF AN APPLICATION UNDER ARTICLE 165 (6)&(7) ART

159(2)(D)(E) ARTICLE 10(2)(b)259(1) CONSTITUTION OF KENYA

BETWEEN

GEORGE KABAYOas Legal Representative of the estate of

M’MBOROKI M'ITARU.........................................................APPLICANT

VERSUS

DISTRICT LAND ADJUDICATION OFFICER

TIGANIA EAST/WEST............................................1ST RESPONDENT

DIRECTOR OF LAND ADJUDICATION...............2ND RESPONDENT

NATHANIEL MAINGI THIMANGUas legal representative

OF ABENDINEGO IMAINGI IBURI.....................INTERESTED PARTY

RULING

This application is dated 17th September, 2015 and has grounded the Urgent hearing of the application dated 20th March 2015 upon the following reasons:-

1. The 3rd Interested party has started developing the suit property whereas they (sic) are not in user and occupation of the same.

2. That there is pending an application for temporally (sic) injunction same dated 20th March,  2013 which we pray the same be heard on priority basis so as  to restrain any party herein from alienating, transferring developing  as (sic) whatever interfering with the subject matter namely KIANJAI/ADJUDICATION Section 53 and 7382 and 9861 pending hearing and determination of the intact (sic) cause herein.

3. That if the 3rd interested party is not restrained on first instant (sic) the applicant stands to suffer consequential irreparable loss harm and damage hence the urgency of the matter.

I do find that this Certificate of Urgency application has merit.

It is, therefore, allowed.

The application dated 20th March, 2013 will be heard Interpartes on 29/09/2015.

It is so ordered.

Delivered in open Court at Meru this 22nd day of September, 2015 in the presence of:-

CC: Daniel/Lilian

Mutunga for the Applicant

P.M NJOROGE

JUDGE