Issa Adam Bachoo (Suing as Legal Administrator of The Estate of Haji Taib Umar (Deceased) v Muktar Abdul Wahab & Fatuma Abdul Wahab [2015] KEHC 2691 (KLR)

REPUBLIC OF KENYA

IN THE HIGH  COURT OF KENYA AT MERU

E & L CASE NO. 201 OF 2013

ISSA ADAM BACHOO (suing as legal Administrator of the Estate of

HAJI TAIB UMAR (DECEASED).................................................................PLAINTIFF

VERSUS

MUKTAR ABDUL WAHAB...............................................................1ST DEFENDANT

FATUMA ABDUL WAHAB...............................................................2ND DEFENDANT

R U L I N G

This application is dated 24th July, 2013 and seeks orders

(a)     That this application because of its nature be certified urgent and same be  heard on priority basis.

(b)     That the honourable court be pleased to issue an order of temporary  injunction restraining the defendants by themselves, their agents, assigns and or persons acting at their behest from purporting to apportion to  themselves any portion of plot No.166 Wabera Isiolo township, constructing   any structure of any kind and or in any way interfering with the ownership, constructing any structure of any kind and or in any way interfering with  the ownership of plot No.166 Wabera (isiolo) pending the hearing and  determination of this application.

(c)      That the Honourable court be pleased to issued such other and or better orders as may meet the ends of justices.

(d)    That costs of this application be provided for.

Prayer (a) is spent.  On 12. 3.2013 the parties by consent, agreed to have the application heard on 7. 4.2014.  On that day there was no appearance for the applicant.  In the circumstances, the plaintiff's application dated 24. 7.2013 is dismissed with costs to be in the cause.

It is so ordered.

Delivered in Open Court a t Meru this 7th day of April, 2014 in the presence of:

Cc Daniel

Miss Kiome for Defendant/Respondent

P. M. NJOROGE

JUDGE