Nazareth Sisters of Annunciation Generaliate Registered Trustees v County Secretary Isiolo & County Government of Isiolo [2014] KEHC 6167 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ELC NO. 43 OF 2014

NAZARETH SISTERS OF ANNUNCIATION

GENERALIATE REGISTERED TRUSTEES....................................................PLAINTIFF

VERSUS

COUNTY SECRETARY ISIOLO..........................................................1ST DEFENDANT

COUNTY GOVERNMENT OF ISIOLO...............................................2ND DEFENDANT

RULING

This application is dated 14th March, 2014 and seeks orders that:

(a)     This application be certified urgent, be heard ex- parte, and service of the same be dispensed with in the 1st instance.

(b)     The court do issue an order for temporary injunction restraining the defendants, its servants, agents and/or employees from altering, changing, removing from the records at the Land's Office Isiolo the name of the applicant for Plot No.427 Chechelesi and designated as PDP NO. ISL/117/12/10, or in any other manner whatsoever entering, erecting, constructing, fencing, trespassing or any way interfering with the said plot until this suit is heard and determined or until this application is heard and determined or until further orders of this court.

(c)      The Land Registrar Isiolo County be served with this order for compliance.

(d)     The court do make such further or better orders as may meet the ends of  justice in this matter.

(e)      Costs of this application be provided for.

The application was certified urgent and Interim Orders in terms of prayers b and c were granted on 20. 3.2013.

Hearing date was given as 31. 3.2014. There is an Affidavit of Service in the Court file sworn by M/s Esther Gathoni Mwangi on 31st March, 2014.  The defendants did not show up for the hearing. As a result, the application is unopposed.  In the circumstances, I allow the application.

Costs are awarded to the plaintiff/applicant.

It is so ordered.

Delivered in Open Court at Meru this 31st day of March, 2014 in the presence of:

Cc Daniel

Miss E. G. Mwangi for Plaintiff/Applicant

P. M. NJOROGE

JUDGE