Jason Kiamba Kimbui v Francis Kamilichui, Festus Kinyua & James Kailemia [2014] KEHC 2510 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ELC 47 OF 2014

JASON KIAMBA KIMBUI...........................................PLAINTIFF

VERSUS

FRANCIS KAMILICHUI....................................1ST DEFENDANT

FESTUS KINYUA............................................2ND DEFENDANT

JAMES KAILEMIA......................3RD DEFENDANT & 4 OTHERS

R U L I N G

This application is dated 25. 3.2014.  It seeks orders:

This application be certified as urgent and it be heard exparte in the first instance and service be dispensed with.

The Honourable court be pleased to restrain the Respondents, their servants, agents and employees from developing the applicant's parcel land parcel No. KIANJAI/MITIUNTU/77 in any manner pending hearing of the application.

The Honourable court be pleased to restrain the Respondents, their servants, agents and employees from developing the Applicants parcel land parcel No. KIANJAI/MITIUNTU/77 in any manner pending hearing of this suit.

That inter parties hearing be on the 19th day of June 2014.

Costs of the application be provided for.

On 19. 6.2014 the parties through their advocates agreed to settle the application in the following manner:

“Parties in occupation to continue with their occupation BUT                               should not carry out any permanent development on the land”

This settlement is adopted as an order of this Court.  Costs shall be in the cause.

Delivered in Open court at Meru this 19th day of July, 2014 in the presence of:

Cc Daniel/Lilian

Anambo for plaintiff

Murango Mwenda for defendants

P. M. NJOROGE

JUDGE