Peter Mbaabu, Kenneth Koome & Catherine Mwari v Jacob Kirima Marete [2014] KEHC 6165 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

E & L CASE NO. 36 OF 2014

PETER MBAABU.............................1ST PLAINTIFF

KENNETH KOOME........................2ND PLAINTIFF

CATHERINE MWARI.......................3RD PLAINTIFF

VERSUS

JACOB KIRIMA MARETE....................DEFENDANT

R U L I N G

This application is dated 6th March, 2014.  The 2nd plaintiff sought orders:

That the application be certified urgent and the same be heard exparte and on priority basis in the first instance.

That pending interpartes hearing of the application an order of temporary injunction be granted restraining the defendant/respondent, his agents and servants from selling, transferring and disposing off the suit land Nos. NTIMA/NTAKIRA/3659, NTIMA/NTAKIRA/3660,NTIMA/NTAKIRA3661,NTIMA/NTAKIRA/3662 and NTIMA/NTAKIRA/3663.

That pending hearing and determination of the main suit an order of temporary injunction be granted restraining the defendant/respondent, his agents and servants from selling, transferring and disposing off the suit land Nos. NTIMA/NTAKIRA/3659, NTIMA/NTAKIRA/3660,NTIMA/NTAKIRA/3661,NTIMA/NTAKIRA/3662and NTIMA/NTAKIRA/3663.

Pending hearing and determination of the application interpartes of the application an order of inhibition do issue and be registered against title Nos. NTIMA/NTAKIRA/3659, NTIMA/NTAKIRA/3660, NTIMA/NTAKIRA/3661, NTIMA/NTAKIRA/3662 and NTIMA/NTAKIRA/3663.

Pending hearing and determination of the main suit an order of inhibition (sic) Nos.NTIMA/NTAKIRA/3659,NTIMA/NTAKIRA/3660,NTIMA/NTAKIRA/3661, NTIMA/NTAKIRA/3662, and NTIMA/NTAKIRA/3663.

Costs of the application be provided for

Interim orders in terms of prayers 2 and 4 were granted on 11. 3.2014.  The application was fixed for interpartes hearing on 25. 3.2014.  During the hearing, the applicant did not prosecute his case.  It was not clear whether the defendant/respondent had been served or not.

In the circumstances, I dismiss the application.

Delivered in Open court this 25th day of March, 2014 in the presence of:

Cc. Daniel

P. M. NJOROGE

JUDGE