Mary Karauki & Isaiah Thiaine Munyua v David Munyua [2016] KEHC 5794 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT  MERU

ENVIRONMENT AND LAND NO. 21 OF 2014

MARY KARAUKI...................................................PLAINTIFF

ISAIAH THIAINE MUNYUA...........................2ND PLAINTIFF

VERSUS

DAVID MUNYUA …...........................................DEFENDANT

R U L I N G

This application is dated 03/11/2014. It seeks orders:-

THATthe Honourable Court be pleased  to certify this Application of utmost urgency and to hear it on priority basis and exparte and in the first instance.

THATThe Honourable Court be pleased to issue an order that the Defendant DAVID MUNYUA be detained in prison for a term not exceeding six months for disobeying Court orders of 14th February, 2014.

THATthe costs of this application be provided for.

The application is supported by the affidavit of MARY KARAUKI, the 1st Plaintiff and has the following.

THATthe Defendant has disobeyed the Court order of temporary injunction issued on 14th February, 2014.

THATthe Defendant has committed waste of the land subject  of this suit and therefore this application warrants expeditious hearing to curb further wastage.

THATthe Defendant has been renting the land to strangers for cultivation.

THATCourt orders should not be issued in vain.

When the application came up in Court, Miss Mutinda for the applicants told the Court that it was the Plaintiffs  wish to withdraw the application as the Defendant was no longer disobeying the Court Orders.  The Court did not have an opportunity to hear the Defendant's side  of the the story as neither the defendant, nor  his Advocate were in Court.

Although the application is not opposed,  I do not find it meritorious to allow the application. I, however, agree to have the application withdrawn. The Defendant is, However,  cautioned not to disobey Court Orders, in  future, if in this case he had done so.

The application dated 03/11/2014 is marked as withdrawn.

It is so ordered.

Delivered in open Court at Meru this 7th March, 2016 in the presence of:-

CC:

Daniel /Lilian

Miss Mutinda for the Applicant

P. M. NJOROGE

JUDGE