Rosalid Julia Ngugi Murungi (on behalf of Deceased Estate of Jamlick Njagi) v Washington Rwigi & Humprey Muchiri [2015] KEHC 1239 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ENVIRONMENT  & LAND CASE NO 67 OF 2015

ROSALID JULIA NGUGI MURUNGI  (ON BEHALF OF

DECEASED ESTATE OF JAMLICK NJAGI).....................PLAINTIFF

VERSUS

WASHINGTON RWIGI .....................................................1ST DEFENDANT

HUMPREYMUCHIRI............................................................2ND DEFENDANT

RULING

This application dated  06/08/2015, cited to have been filed under the provisions of the law mentioned on its face, seeks orders that:-

The Honourable Court be pleased to issue restraining orders against the 1st defendant and injunct him from interfering or entering in the land parcels of MAGUMONI/THUITA/4224, 2095 2181 & 4236 and further restrain him from picking tea leaves, collecting rent and interfering with a posho mills(sic) all on parcel land MAGUMONI/THUITA/4243,2095,2181 & 4236 until this application is heard and determined and until further orders of this Honourable Court.

The Honourable Court be pleased to restrain the 1st & 2nd defendants from taking over the cows of the applicant and further restraining them from taking over her matrimonial house.

Costs of this application to be paid by the respondents.

The application is supported by the affidavit of the Plaintiff/Applicant and has the following grounds:-

The 1st defendant chased away the workers of the applicant from the tea farm and started picking tea with his own workers for his own benefit.

The 1st defendant took the applicant (sic)water tank and chased away tenants and replaced them with his own.

The defendants chased away the applicant from her matrimonial home and took away house keys and locked away her clothes, utensils, furniture and all documents.

On 06/10/2015, the parties through their Advocates presented a consent which they urged the Court to adopt as its order.  The Consent is in the following terms:-

“We have agreed:

Plaintiff do have access to her matrimonial home and the tea bushes she used to take care of during her late husband’s life.

The Plaintiff to have  access to her property, including her cows”.

The defendants undertook before Court to abide by the provisions of the Consent.  In the circumstances, this Consent is adopted as an order of this Court.

Parties will come back to Court on 29/10/2015 for further directions when they  will agree or not agree regarding the issue of having the application dated 6/8/2015 being marked as settled.

Delivered in open Court at Meru this 6th day of October, 2015 in the presence of :-

CC: Daniel /Lilian.

Kirima for the Plaintiff.

Kijaru for Defendants.

P.M.NJOROGE

JUDGE