Yuda Imunya alias Yuda K. Imunya v Atanasio Kibara [2016] KEHC 539 (KLR)

REPUBLIC  OF  KENYA

IN THE HIGH COURT OF KENYA AT MERU

ENVIRONMENT AND LAND CASE NO 245 OF 2016

YUDA IMUNYA Alias YUDA K. IMUNYA........PLAINTIFF/APPLICANT

VERSUS

ATANASIO KIBARA................................DEFENDANT/RESPONDENT

R U L I N G

1. This application is dated 24 th day of November, 2016 and  seeks orders:-

(1) THATthe application be certified urgent and it be heard ex-parte in the first instance.

(2) THATpending inter-partes hearing of the application, a temporary injunction be issued, restraining the defendant/respondent, his family members, employees, servants, agents, representatives and/or anybody else acting for , through, or on his behalf , or at his behest, direction of instructions, from interfering  with the plaintiff's peaceful, quiet, exclusive, uninterrupted and undisturbed possession, cultivation , development , user and enjoyment of land parcel No. 5382, measuring about 0. 48 of an acre, situated near Karama Market, within Karama Adjudication Section.

(3) THATpending hearing and determined of the suit further orders of the Court , a temporary injunction be issued restraining the defendant/ respondent, his family members, employees, servants, agents, representatives and/or anybody else acting for, through, or on his behalf, or at his behest, direction or instructions, from entering into, trespassing onto, taking possession of any portion of, and/or whatsoever interfering with the Plaintiff's peaceful, quiet, exclusive, uninterrupted and undisturbed  possession , cultivation, development, user and enjoyment of land  Parcel No. 5392, measuring about 0. 48 of an acre, situated near Karama Market , within Adjudication Section.

(4) THATcosts of the application be provided for.

2. The application is supported by the affidavit of YUDA IMUNYA and has the following grounds:-

(a) That suit land belongs to the Plaintiff/Applicant who has been utilizing it since 09. 10. 1995.

(b) THAT the respondent has threatened  to forcibly grab the suit land  using his powers as a land committee member and completely block the applicant and his family from accessing the same.

3. I do agree with Mr. Calpeters Mbaabu, the applicant's  Advocate, that having been served on 07/12/2016, 12 days later, the Defendant had ample time to file his response in objection to the application.

4. I refuse to allow an adjournment.

5. I find that the application is not opposed.

6. In the circumstances, the application is granted in terms of prayer 3.

7. Costs shall be in the cause.

8. It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 19TH DAY OF DECEMBER, 2016 IN THE PRESENCE OF:-

C: A Daniel

Carlpeters Mbaabu for the Applicant

Omari h/b Otieno for the Respondent

P.M. NJOROGE

JUDGE