Majani Estates Limited v Muthoni Nkonge,Muriuki Ndubi,Saulu Ndiga,Kariba Kanampiu,Mwirigi Miriti,Mugendi Kainyati,Paul Kinyua Riungu,Mwiti Riungu & Benedictine Njiru Riungu [2020] KEELC 1451 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. 08  OF 2020

MAJANI ESTATES LIMITED..............................PLAINTIFF/APPLICANT

VERSUS

MUTHONI NKONGE...........................1ST  DEFENDANT/RESPONDENT

MURIUKI NDUBI ...............................2ND DEFENDANT/RESPONDENT

SAULU NDIGA ...................................3RD DEFENDANT/RESPONDENT

KARIBA KANAMPIU.......................4TH DEFENDANT/RESPONDENT

MWIRIGI MIRITI..............................5TH DEFENDANT/RESPONDENT

MUGENDI KAINYATI.......................6TH DEFENDANT/RESPONDENT

PAUL KINYUA RIUNGU....................7TH DEFENDANT/RESPONDENT

MWITI RIUNGU.................................8TH DEFENDANT/RESPONDENT

BENEDICTINE NJIRU RIUNGU......9TH DEFENDANT/RESPONDENT

RULING

1.  This application is dated 5th August, 2020 and seeks the following orders:-

1. That the application be certified urgent and be heard ex-parte and service thereof be dispensed with in the first instance.

2. That this honourable court be pleased to issue an order of temporary injunction restraining the defendants/respondents, their siblings, employees, agents, servants, assigns or any other person acting under their directions from working, dealing and/or interfering in any manner whatsoever with LR NO. MWIMBI/CHOGORIA/599952 and 5953 pending the hearing and determination of this application.

3. That this Honourable court be pleased to issue an order of temporary injunction restraining the defendants/respondents, their siblings employees, agents, servants, assigns or any other person acting under their directions from working, dealing and/or interfering in any manner whatsoever with LR NO. MWIMBI/CHOGORIA/5951, 5952 and 5953 pending the hearing and determination of the main suit.

4.  That costs of this application be provided for.

2.  The application is supported by the affidavit of RONALD MUTUMA MUTAI and has the following grounds:-

a)  That the plaintiff/applicant is the registered owner of Land Parcel No. MWIMBI/CHOGORIA/5951, 5952 AND 5953.

b)  That the defendants without a colour of right have been interfering with the plaintiff’s occupation of the land by chasing away its agents.

c)  That the plaintiff/applicant thought its agent has reported the matter to the police who instead referred the dispute to the area chief who was unable to resolve the same.

d)  That the defendants insist and have swore to interfere with the plaintiff’s user of its property unless stopped by a court order.

e)  That it is only fair, just and equitable that this application is allowed.

3.  Upon perusal of the plaintiff’s application and all attached documents, I issue the following orders:

1.  The matter is certified urgent.

2. Prayer 2 in the application is granted in terms of section 63 of the Civil Procedure Act in view of the fact that this court will be on recess until 15th September, 2020.

3. The plaintiff should comply with Order 11, CPR, within 21 days and the defendants should do so within 21 days after receipt of the plaintiff’s compliance documents.

4.  This application will be heard interpartes on 21st September, 2020.

4.  Orders accordingly.

Delivered in open Court at Chuka this 5th day of August, 2020 in the presence of:

CC: Ann

P. M. NJOROGE,

JUDGE.