Lydia Nkirote Onesmus, Virginia Kithure Mutwiri, Betty Karabai James, Joycelleen Wanja Charles, Rosebeth Karoki Mbogori & Esther Kananu Mbogori v Arthur Muriithi Mbogori [2013] KEHC 942 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

E & L CASE NO 200 OF 2013 (OS)

LYDIA NKIROTE ONESMUS.............................................................1ST PLAINTIFF

VIRGINIA KITHURE MUTWIRI.........................................................2ND PLAINTIFF

BETTY KARABAI JAMES....................................................................3RD PLAINTIFF

JOYCELLEEN WANJA CHARLES.......................................................4TH PLAINTIFF

ROSEBETH KAROKI MBOGORI.........................................................5TH PLAINTIFF

ESTHER KANANU MBOGORI............................................................6TH PLAINTIFF

VERSUS

ARTHUR MURIITHI MBOGORI............................................................DEFENDANT

R U L I N G

This application is dated 18th July, 2013 and seeks orders that:

THATthis application be certified as being urgent and service of the same be dispensed with in the first instance.

THATprayers number 3 and 4 hereof be granted ex parte in the first instance.

THATpending the hearing and determination of this application or until further orders of this Court and for the ends of justice this Honourable Court be pleased to grant a temporary order of inhibition, inhibiting registration of any dealing with parcels of land L. R. NOS.ABOGETA/U- KITHANGARI/2217, 2218 and 2352.

THATa copy of the Court order issued in terms of prayer (3) above under the seal of this Honourable Court be served upon the District Land Registrar, Meru Central for registration in the appropriate registers.

THATpending the hearing and determination of the substantive suit and for the ends of justice this Honourable Court be pleased to grant a temporary order of inhibition, inhibiting registration of any dealing with parcels of land L.R. NOS.ABOGETA/U-KITHANGARI/2217, 2218, AND 2352

THATthere be such other order as this Honourable Court deems fit and expedient in the aid of justice.

THATthe costs of this application be provided for.

Orders 1, 2, 3 and 4 are spent.

The application was fixed for Inter Parties Hearing on 21. 8.2013.  During the hearing, the advocate for the applicants urged the Court to allow the application as the defendant was not present in Court even though he had been properly served.  He referred the Court to the Affidavit of service duly filed in Court.

In the circumstances, the application is allowed with the effect that Prayer 5 is confirmed.

Delivered in Open Court at Meru this 4th day of October, 2013 in the presence of :

Cc. Mwonjaru/Daniel

Muthomi present for Plaintiffs/Applicants

P. M. NJOROGE

JUDGE