Samson Mbaabu Nkarichia v Sacinta Kinya Gituma [2016] KEHC 4476 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ORIGINATING SUMMONS NO. 37 OF 2016 (OS)

IN THE MATTER OF LAND PARCEL  NO. ABOTHUGUCHI/GAITU/2897

REGISTERED IN THE NAMES OF SACINTA KINYA GITUMA

SAMSON  MBAABU NKARICHIA...................................................................PLAINTIFF

VERSUS

SACINTA KINYA GITUMA................................................................................DEFENDANT

R U L I N G

This application is dated 22/04/2016 and seeks orders:-

THAT this application be certified urgent and be heard ex-parte in the first instance on account of its urgency.

THAT this Honourble Court be pleased to grant an order of temporary injunction restraining the Defendant/Respondent by herself , her agents, employees ,assigns and/or servants and/or any person acting on her behest from evicting or interfering with the Applicant's quiet user and  occupation of parcel No. ABOTHUGUCHI/GAITU/2897 Pending the hearing and determination of  this application or further orders of this Court.

THAT this Honourable Court be pleased to grant an order of temporary injunction restraining the Defendant/Respondent by herself , her agents, employees, assigns and/or servants and/or any person acting on her behest from evicting or interfering with the Applicant's quietuser and occupation ofparcel No. ABOTHUGUCHI/GAITU/2897 pending the hearing and determination of this suit.

THAT this Honourable Court be pleased to grant an order of inhibition, against registration of any dealings with the proprietorship interest in parcel  No. ABOTHUGUCHI/GAITU/2897 pending the hearing  of this application interpartes or further orders of this Court.

THAT this Honourable Court be pleased to grant an order of inhibition, against registration of any dealings with the  proprietorship interest in parcel No. ABOTHUGUCHI/GAITU/2897 pending the hearing and determination of this suit.

THAT the cost of this application be borne by the Defendant/Respondent.

It is buttressed by the Affidavit of SAMSON MBAABU NKARICHIA and has the following grounds:-

THAT the Plaintiff/Applicant  is about to be evicted from all that parcel known as ABOTHUGUCHI/GAITU/2897 by the defendants effectively rendering this  suit nugatory.

THAT the Plaintiff/ Applicant has been in exclusive , open and uninterrupted occupation of 0. 44 Ha of land Parcel now known as No. ABOTHUGUCHI/GAITU/2897 since the year 1992 hence  developed a beneficial interest thereto under the doctrine of adverse possession.

THAT any interference with  his possession shall occasion him irreparable loss and damages.

THAT  the Plaintiff/Applicant  has made developments on the suit land.

THAT  it is only fair, just and equitable to  preserve the suit land to enable the applicant herein to ventilate his cause.

During Interpartes hearing, the Plaintiff's Advocate told the Court that he had bought the suit land from the Defendant's son in 1992 .  The Defendant denied knowledge of the sale of land.

I have carefully considered the facts of this case as proffered at this exparte stage.  I issue the following orders:-

The prayer for Injunction as contained in prayer  3 of the application is denied and, therefore, dismissed.

Prayer 5 for inhibition is granted

The Plaintiff should fully comply with  order 11, CPR, within 30 days of today.

The Defendant should fully comply with Order 11, CPR, within 30 days after expiry of the period stipulated for compliance by the Plaintiff.

Directions on 13/07/2016.

it  is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS  12TH DAY OF MAY, 2016 IN THE PRESENCE OF:-

CC: Lilian/Daniel

Mrs. Mwanzia for Plaintiff/Applicant

Carlpeters  Mbaabu present for Defendant/ Respondent

P.M. NJOROGE

JUDGE