Simon M Ekuruka v Gatura Marigu Gacwe [2015] KEHC 3300 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

E & L CASE NO 34 OF 2015

SIMON M EKURUKA ....................................PLAINTIFF/APPLICANT

VERSUS

GATURA MARIGU GACWE....................DEFENDANT/RESPONDENT

R U L I N G

This application is dated 11th day of May, 2015.  It seeks Orders:-

THATthis Honourable Court be pleased to certify this application urgent, service thereof be dispensed with in the first instance and the same be heard ex-parte at the first instance and appropriate orders made accordingly.

THATthis Honourable  Court be pleased to issue a temporary order of injunction restraining the Defendant/Respondent by herself  her agents, servants and/or employees or  whomsoever else acting on the Defendant/Respondent behalf or instructions from cultivating, occupying, moving into alienating, disposing, charging, transferring, constructing or in any other manner whatsoever dealing with and/or interfering with the  plaintiff/applicant's possession, occupation and use of land parcel No. THARAKA/NKONDI “A”/1196 pending the hearing and determination of this application inter-partes  and thereafter pending the hearing and determination of this suit.

THATthe Honourable Court be pleased to issue an order of inhibition, inhibiting the registration of any entries dispositions or any transactions over land parcel No. THARAKA/NKONDI “A”/1196 pending the hearing and determination of this suit.

THATupon issuance of the said interim orders in prayers No. 2 and 3 here above, the same be served upon the O.C.S GATUNGA POLICE POST for enforcement and also upon the County Land Registrar for registration and compliance thereof.

THATthe costs of this application be costs  in the cause.

It has the following grounds:-

The Plaintiff/Applicant is the registered owner of that land parcel known and/or described as LR. NO. THARAKA/NKONDI “A”/1196.

The Defendant/Respondent has without any justifiable cause fraudulently collected the title deed for the said land parcel from the lands registry and has refused to surrender the same.

The Defendant/Respondent has now invaded the Plaintiff/Applicant land parcel aforesaid and has commenced cultivation of portions of the same.

The actions by the Defendant/Respondent are illegal fraudulent and unlawful and the same are causing the Plaintiff/Applicant to suffer loss and damage.

This application is made in utmost good faith and the prayers being sought for, if granted, will not in any way prejudice the Defendant/Respondent case, if any.

The nature and circumstances of this case are in favour of granting of the orders being sought for by the Plaintiff/Applicant.

On 08/06/2015 the Respondent was granted 14 days to respond to the application. Interpartes proceedings were to take part today, 14/07/2015.  The Respondent's Advocates are not in Court. They have also not opposed the application.  In the circumstances, the application is allowed.  The effect is that Prayers 2, 3, and 4 are granted.

Costs shall be in the cause.

It is so ordered.

Delivered in Open Court at Meru this 14th day of July, 2015 in the presence of:-

Cc. Daniel /Lilian

Thangicia for Plaintiff/Applicant

P.M.NJOROGE

JUDGE