Patrick Kathurima Njiru v Richard Kiriinya Muriungi, Doris Kathambi Muriungi, Peter Marete, Faith Muthoni Njiru, Land Registrar & Meru District Land Registry [2020] KEELC 1425 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

MERU ELC CASE NO. 28  OF 2020

PATRICK KATHURIMA NJIRU..............................................PLAINTIFF/APPLICANT

VERSUS

RICHARD KIRIINYA MURIUNGI...........................1ST  DEFENDANT/RESPONDENT

DORIS KATHAMBI MURIUNGI..............................2ND DEFENDANT/RESPONDENT

PETER MARETE........................................................3RD DEFENDANT/RESPONDENT

FAITH MUTHONI NJIRU..........................................4TH DEFENDANT/RESPONDENT

LAND REGISTRAR.....................................................5TH DEFENDANT/RESPONDENT

MERU DISTRICT LAND REGISTRY.......................6TH DEFENDANT/RESPONDENT

RULING

1. This application which is dated 5th August, 2020 has been brought to court under a certificate of urgency and seeks the following orders:-

1. This application be certified urgent and heard ex-parte in the first instance.

2. Pending the inter parties hearing and determination of this application, this court be and is hereby pleased to issue a temporary injunction restraining the 1st – 4th defendants/respondents by themselves, their agents, representatives or by any other persons action on their authority from entering into, threatening eviction of tenants, demolishing buildings, occupying or undertaking any activity whatsoever on the parcels of land known as Title Number: Nyaki/Mulathankari/3702. Title Number: Nyaki/Mulathankari/3703 and Title Number Nyaki/Kithoka/4742.

3. Pending the inter parties hearing and determination of the main suit, this court be and is hereby pleased to issue a temporary injunction restraining the defendants/respondents by themselves, their agents, representatives or by any other persons acting on their authority from entering into, threatening eviction of tenants, demolishing buildings, occupying or undertaking any activity whatsoever on the parcels of land known as Title Number: Nyaki/Mulathankari/3702. Title Number: Nyaki/Mulathankari/3703 and Title Number Nyaki/Kithoka/4742.

4. Pending the inter parties hearing and determination of this application and the main suit this court be and is hereby pleased to issue a temporary injunction restraining the 5th defendant from registering a caution, inhibition or restriction on the titles for Title Number: Nyaki/Mulathankari/3702, Title Number: Nyaki/Mulathankari/3703 and Title Number Nyaki/Kithoa/4742 at the instance of the 1st – 4th defendants any other person acting on their directions.

5. The 1st – 4th defendants do bear the costs of this application.

2. The application is supported by the affidavit of Patrick Kathurima Njiru, the plaintiff and has 14 grounds.

3. I note that the suit property is registered in the name of the applicant. At this exparte stage, I am persuaded to certify the matter as urgent and to grant prayer 2 in the application. Prayers 3 and 4 will be considered during the hearing of the application.

4. Accordingly, the following orders are issued:-

a) Prayer 2 in the application is granted.

b) Application to be placed before the Hon. Justice Lucy Mbugua, ELC Judge, at Meru on 18th August, 2020.

c) Costs shall be in the cause.

Delivered in chambers at Chuka this 12th day of August, 2020 in the presence of:

CA: Ndegwa

P. M. NJOROGE,

JUDGE.