Gerald Muthuyia v Silas Mwenda Mbui & others [2014] KEHC 235 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL CASE NO. 79 OF 2008

GERALD MUTHUYIA....................................................................................PLAINTIFF

VERSUS

SILAS MWENDA MBUI & OTHERS.....................................................DEFENDANTS

R U L I N G

This application is dated 18. 6.2008 and seeks orders:

THATthis application be certified as urgent and be heard ex-parte in the first instance.

THATthis Honourable Court do issue an order of temporary injunction restraining the defendants jointly and severally either by themselves, their servants, and/or agents from disposing of, charging, transferring or in any way interfering, with L. R. NO. NTIMA/NTAKIRA/3390 pending hearing ad determination of the suit.

THATthis Honourable Court be pleased to make an order of inhibition to be registered against L. R. NO. NTIMA/NTAKIRA/3190 until this suit is heard and determined.

THATthe costs of this application be provided for.

By consent of the parties intimated to Court on 14. 10. 2014 this application is allowed with costs being in the cause.

By consent, it is ordered that:

The plaintiff's application dated 6th July, 2011 is marked withdrawn with costs to be in the cause.

Parties do fully comply with order 11, CPR within 30 days from today.

This suit is, with the Court's concurrence, transferred to the Chief Magistrate's Court in Meru for hearing and determination.

It is so ordered.

Delivered in Open Court at Meru this 14th day of October, 2014 in the presence of:

Cc Daniel/Lilian

Ngunjiri for Plaintiff

Riungu for Defendant

P. M. NJOROGE

JUDGE