Lawrence Kirera Mathiu v Stephen M'Imbui Garachia [2014] KEHC 2425 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

HCC NO. 70 OF 2014

LAWRENCE KIRERA MATHIU............................................................PLAINTIFF

VERSUS

STEPHEN M'IMBUI GARACHIA.......................................................DEFENDANT

R U L I N G

This application is dated 13th May, 2014.  It seeks the following orders:

1. That on the first instance this application be certified as urgent and the same be heard ex-parte due to its urgency.

2. That this honourable court be pleased to grant a temporary injunction restraining the respondent whether by himself, his agents and/or servant from trespassing on, wasting, constructing or, alienating or otherwise interfering or dealing with the plaintiff's property being Title No.265 Sirimon Nyayo Settlement Scheme pending the hearing and determination of this application.

3. That this honourable court be pleased to grant an injunction restraining the respondent whether by himself, his agent and/or servants from trespassing on wasting, constructing or, alienating or otherwise interfering or dealing with the plaintiff's property being Title number 265 Sirimon Nyayo Settlement Scheme pending the hearing and determination of this suit.

4. The Officer Commanding (OCS) Timau Police Station do enforce compliance of the orders above.

5. The cost of this application be provided for.

The application has been certified urgent on 24. 6.2014.

During the hearing of the application interpartes, the defendant merely said that he had filed his defence.  The application is, therefore, not opposed.  I, therefore, allow the application.

Costs Shall be in the cause.

It is so ordered.

Delivered in Open Court at Meru this 24th day of June, 2014 in the presence of:

Cc. Daniel

Mutunga for plaintiff's

Stephen M'Imbui Garachia – Defendant

P. M. NJOROGE

JUDGE