Sabera Nchee, Regina Kawira, Nicholas Mutwiri, Nahason Mutia & Charles Kiburi v Isaiah Kilui Baibere & Dorcas Gakii M'thiangeta [2016] KEELC 778 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

CIVIL SUIT NO 22 OF 2016

SABERA NCHEE......................................................1ST PLAINTIFF/APPLICANT

REGINA KAWIRA …..............................................2ND PLAINTIFF/APPLICANT

NICHOLAS MUTWIRI..............................................3RD PLAINTIF/APPLICANT

NAHASON MUTIA..................................................4TH PLAINTIFF/APPLICANT

CHARLES KIBURI..................................................5TH PLAINTIFF/APPLICANT

VERSUS

ISAIAH KILUI BAIBERE................................1ST DEFENDANT/RESPONDENT

DORCAS GAKII M'THIANGETA....................2ND DEFENDANT/RESPONDENT

R U L I N G

This application is dated 13/04/2016 and seeks  orders:-

THAT the Honourable Court be pleased to certify this application     as urgent and hear it ex-parte in the first instance.

THAT the Honourable Court do issue an Order of Injunction restraining the defendants/respondents whether by themselves and/or their servants, assignees or anyone else acting at their behest from evicting Plaintiff or interfering with plaintiffs occupation of land parcel No ATHIRU/RUUNJINE/989 pending the hearing and determination of this suit application.

THAT the Honourable Court do issue an Order of Injunction restraining the defendants/respondents, whether by themselves and/or their servants, assignees  or anyone else acting at their behest from evicting Plaintiffs or interfering with Plaintiffs occupation of land parcel No. ATHIRU/RUUNJINE/989 pending the hearing and determination of this suit .

THAT the Honourable  Court be pleased to issue an Order of    Inhibition restraining all dealings in Land Parcel NO. ATHIRU/RUUNJINE/989 pending  the hearing and determination of this application.

THAT the Honourable  Court be pleased to issue order of inhibition restraining all dealings in Land Parcel No. ATHIRU/RUUNJINE/989 pending the hearing and determination of this  suit.

That cost of this application be provided.

The  application is supported by the Affidavit of SABENA NCHEE and has the following grounds:-

The Plaintiffs and their families are in occupation of land parcel No. ATHITU/RUUNJINE/989

That  the said land is registered in the name of the 1st defendant to hold it in trust for the Plaintiffs .

That the 1st defendant has  sold the  said land to the 2nd Defendant who has threatened to evict the plaintiffs from the same.

That unless orders sought herein are issued the plaintiffs stand to suffer irreparably.

The application was heard interpartes  on 23/05/2016,  Mr. Kariuki, for the 2nd Defendant, informed the Court that the 2nd Defendant occupies parcel No. ATHIRU/RUUNJINE/9210 and will not be affected by any Injunctive Orders issued.  Mr. Muthamia has undertaken that if Prayer 3 is granted the 1st defendant will not be kicked out of the suitland.

In the Interest of Justice and in order to have this matter heard and determined expeditiously, I issue the following orders:-

Prayer 3 is granted with the condition that the Plaintiffs will not evict the  1st Defendant or interfere with his stay on the suit land.

Prayer 5 is granted.

This application is heard and settled.

Costs shall be in the cause.

It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 23RD DAY OF MAY, 2016 IN THE PRESENCE OF:-

cc: Daniel/Lilian

Muthamia h/b Mutembei for Plaintiffs

Manases Kariuki for the 2nd Defendant

P.M. NJOROGE

JUDGE