STEPHEN NJOROGE KAMAU v KAUR N. SEHMI [2010] KEHC 2555 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)

Civil Case 912 of 2009

STEPHEN NJOROGE KAMAU......................................................PLAINTIFF

VERSUS

KAUR N. SEHMI ..........................................................................DEFENDANT

RULING

1. The Chamber Summons dated 17th December 2009 is seeking for orders to restrain the defendant from interfering with the applicant’s peaceful occupation of LR NO.209/136/109 along Kilome Road Nairobi. This application is supported by the grounds on the face of the application, the supporting affidavit of Stephen Njoroge Kamau and the annextures thereto. Going by the annexure  especially the Lease Agreement prepared by the defendant’s Advocate and dated 16th October 2009, the property leased to the applicant  was the Ground Floor of LR NO.209/136/09. This is further supported by a consent order entered by the parties in BPRT case No.829/09 Nairobi.

2. Accordingly I find the plaintiff has established a prima facie case with a probability of success. I grant prayer No (c) to remain in force until the determination of the suit. Costs of the application to the plaintiff.

RULING READ AND SIGNED ON 25TH MAY 2010 AT NAIROBI.

M.K. KOOME

JUDGE