Mohamed Husein Mohamed T/A Ummul Qura v County Government of Marsabit [2017] KEHC 515 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ELC NO. 321 OF 2017

MOHAMED HUSEIN MOHAMED T/A UMMUL QURA.................PLAINTIFF

VERSUS

THE COUNTY GOVERNMENT OF MARSABIT........................DEFENDANT

RULING

1. The Notice of Motion dated 16th November, 2017 seeks the following orders:-

1) Spent.

2) That a temporary Injunction be issued against the respondents, their servant, agent employee, and anybody else acting under instructions, impersonating to act on their behalf to be restrained from leasing interfering, selling, mortgaging the property and/or cancelling the allotment letter for property namely PLOT 5121 Moyale township allocated to the plaintiff.

3) That the OCS Moyale Police Station do assist in enforcing the above order and ensuring that peace prevails on the property namely Plot No. 5121 Moyale Township and to effect service of the Court Process on the defendants.

4) That the Applicant be allowed to fence the school compound with a permanent wall as per the allotment letter beacons.

2. The Application is based on the grounds that:-

a) The property in issue belongs to the school managed by the applicant.

b) That the institution is taking care of the community to eradicate illiteracy in the community.

c) The Defendant has threated to close the school and cancel the allotment letter for the applicant.

3. I have confirmed that the Respondent has been served. The Court has seen the annextures particularly the photographs which paint a very grave situation on the ground. The process of dumping waste in the schools is a potential health hazard.

4. In the Circumstances, I find that the application has merits.

5. The application dated 16:11:17 is allowed in terms of prayers 2, 3, 4 but costs of the application to be determined in the main suit.

6. The Injunctive Orders to remain in force for a period of 1 (one Year).

DELIVERED, SIGNED AND DATED IN OPEN COURT AT MERU THIS 5TH DAY OF DECEMBER, 2017 IN THE PRESENCE OF:-

Court Assistant: Janet

HON. L. N. MBUGUA

ELC JUDGE