Henry Gitonga Mwerebua v Elizabeth Kaguri M'mwongo [2013] KEHC 2032 (KLR)

REPUBLIC  OF  KENYA

IN THE HIGH COURT OF KENYA AT MERU

E&L NO. 220 OF 2013

HENRY GITONGA MWEREBUA ....................................APPLICANT/PLAINTIFF VS

ELIZABETH KAGURI M'MWONGO ... ….............RESPONDENT/DEFENDANT

RULING

This application is dated 2nd August, 2013 and seeks orders that;

1.  THAT this Honourable Court be pleased to certify this application as urgent, dispense with service in the first instance and the same be heard on priority basis.

2.  THAT this Honourable Court be pleased to order the lifting or withdrawal of the caution placed by the defendants over the plaintiff's land  parcel NO. KIIRUA/NAARI/3341.

3.   THAT costs of this application be in the cause.

The application was slated for inter partes hearing on 26/8/2013 . Although a certificate of service showing that the respondent was duly served has been filed, she did not present herself in court. In the circumstances, this application is allowed. As a result prayer 2 is confirmed.

Costs are awarded to the plaintiff/applicant.

Delivered in open court this 26th day of August, 2013 in the presence of; Court Clerk: Mwonjaru

Kaimenyi present for applicant.

P.M. NJOROGE JUDGE