Nyaga Muriuki v Wariimi Gateri, Njuki Gateri & Njeru Gateri [2007] KEHC 3519 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT EMBU

CIVIL SUIT 115 OF 2006

NYAGA MURIUKI……………………….…….PLAINTIFF

VERSUS

WARIIMI GATERI …………………… 1ST DEFENDANT

NJUKI GATERI………………….…….2ND DEFENDANT

NJERU GATERI……………………….3RD DEFENDANT

RULING

Application dated 8/6/2007 seeks to commit the Respondents to civil jail for failing to obey court order “that the status quo be maintained”

In respect of parcel No. Gaturi/Nembure/3737 the Applicant had sought restraining orders against the defendants that they be restrained from cutting down coffee trees digging terraces, trenches and damaging crops until suit is heard and determined.  The applicant has not proved that these acts have been committed.  He complains that the Respondent continues to subdivide the land and he has exhibited.   Mutation form dated 23/11/2006.  This form was completed in the year 2006 and was not part of the things mentioned in the application.

I find the Respondents have not committed any breach of order of “maintaining status quo”.

The application is dismissed.

Dated this 9th November, 2007.

J. N. KHAMINWA

JUDGE

9/11/2007

Khaminwa – Judge

Njue – Clerk

Nyaga Muriuki- Plaintiff present in person

Wairimu Gacheri – Defendant present in person

Read in open court.

J .N. KHAMINWA

JUDGE