Jacob Mwirigi Ngari, Alice Ngari, David Kinoti Ngari, Philiph Muthomi Ngari, Koome Isaac Ngari, Lydia Kathure Isaac & Judah Kimathi Ngari v M'ringera M'aburia [2015] KEHC 7910 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

THE LAND AND ENVIRONMENT DIVISION

LAND CASE NO 240 OF 2013

JACOB MWIRIGI NGARI …............................................................1ST PLAINTIFF

ALICE NGARI ….............................................................................2ND PLAINTIFF

DAVID KINOTI NGARI.....................................................................3RD PLAINTIFF

PHILIPH MUTHOMI NGARI............................................................4TH PLAINTIFF

KOOME ISAAC NGARI............................................................. ....5TH PLAINTIFF

LYDIA KATHURE ISAAC...............................................................6TH PLAINTIFF

JUDAH KIMATHI NGARI................................................................7TH PLAINTIFF

VERSUS

M'RINGERA M'ABURIA.....................................................................DEFENDANT

R U L I N G

This application is dated 29th August, 2013.  It is predicated Upon Order 51 Rule  1 of the Civil Procedure Rules, 2010, Section 68 and 69 of the Land Registration Act, 2012, Sections 1A, 1B, 3A and 63 (e) of the Civil Procedure Act and any other enabling provisions of the law.  The application seeks the following orders:-

THATthis application be certified as very urgent and the same be heard as a matter of priority.

THATthis Honourable Court be pleased to issue order on inhibition against the defendant/respondent  inhibiting him from any dealings with land parcels LR. Nos. ABOTHUGUCHI/KITHIRUNE/549 and 1338 pending the inter-parties hearing and determination of this application.

THATthis Honourable Court be pleased to issue order on inhibition against the defendant/respondent inhibiting him from any dealings with land parcels LR. Nos. ABOTHUGUCHI/KITHIRUNE/549 and 1338 pending the hearing and determination of the suit.

THATcosts for and incidental to this application be provided for.

The application has the following grounds:-

THATthe applicants are all adult and grown up children of the respondent and the respondent  has refused to allocate them portions of land parcels ABOTHUGUCHI/KITHIRUNE/549 and 1338 to establish their homes and practices subsistence farming.

THATthe applicants know no other lands and home and have no means to buy alternative lands.

THATthe respondent has threatened to dispose the family lands and render the applicants destitute, vagabond and homeless.

THATthe applicant will suffer great prejudice  if this application declined but the respondent will not suffer any prejudice  since the applicants are not seeking to displace him from where he has built or dispossess him any title to the family lands.

The application is supported by the affidavit of Jacob Mwirigi Ngari, the 1st Applicant.

On 26th September, 2013, the Court directed that the application be heard by way of Written Submissions.  The applicant was granted 7 days to do so. The respondent was to respond within 7 days after being served with the applicants Submissions.  Over 2 years later the applicant has not filed and exchanged his Written Submissions. As a result the respondent could not file his Submissions.

Mr. Mwirigi, for the respondent has asked the Court to dismiss the application as the applicants had disobeyed a Court Order and were not keen on prosecuting their application.  I agree with him.  This application merits dismissal. It is therefore dismissed with costs to be in the cause.

It is so ordered.

Delivered in open Court at  Meru This  28th October, 2015 in the presence of:

CC: Lilian/Daniel

Muthomi h/b Gichunge for Plaintiffs

Mwirigi for the Defendant

P. M. NJOROGE

JUDGE