Case ID:162556

Majani Estates Limited v Muthoni Nkonge & 8 others [2020] eKLR

Case Metadata

Case Number:

Environment & Land Case 08 of 2020

Parties:

Majani Estates Limited v Muthoni Nkonge,Muriuki Ndubi,Saulu Ndiga,Kariba Kanampiu,Mwirigi Miriti,Mugendi Kainyati,Paul Kinyua Riungu,Mwiti Riungu & Benedictine Njiru Riungu

Date Delivered:

05 Aug 2020

Case Class:

Civil

Court:

Environment and Land Court at Chuka

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Majani Estates Limited v Muthoni Nkonge & 8 others [2020] eKLR

Court Division:

Environment and Land

County:

Tharaka Nithi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO. 08 OF 2020

MAJANI ESTATES LIMITED..............................PLAINTIFF/APPLICANT

VERSUS

MUTHONI NKONGE...........................1

ST

DEFENDANT/RESPONDENT

MURIUKI NDUBI ...............................2

ND

DEFENDANT/RESPONDENT

SAULU NDIGA ...................................3

RD

DEFENDANT/RESPONDENT

KARIBA KANAMPIU.......................4

TH

DEFENDANT/RESPONDENT

MWIRIGI MIRITI..............................5

TH

DEFENDANT/RESPONDENT

MUGENDI KAINYATI.......................6

TH

DEFENDANT/RESPONDENT

PAUL KINYUA RIUNGU....................7

TH

DEFENDANT/RESPONDENT

MWITI RIUNGU.................................8

TH

DEFENDANT/RESPONDENT

BENEDICTINE NJIRU RIUNGU......9

TH

DEFENDANT/RESPONDENT

RULING

1. This application is dated 5

th

August, 2020 and seeks the following orders:-

1.That the application be certified urgent and be heard ex-parte and service thereof be dispensed with in the first instance.

2. That this honourable court be pleased to issue an order of temporary injunction restraining the defendants/respondents, their siblings, employees, agents, servants, assigns or any other person acting under their directions from working, dealing and/or interfering in any manner whatsoever with

LR NO. MWIMBI/CHOGORIA/599952 and 5953

pending the hearing and determination of this application.

3. That this Honourable court be pleased to issue an order of temporary injunction restraining the defendants/respondents, their siblings employees, agents, servants, assigns or any other person acting under their directions from working, dealing and/or interfering in any manner whatsoever with

LR NO. MWIMBI/CHOGORIA/5951, 5952 and 5953

pending the hearing and determination of the main suit.

4. That costs of this application be provided for.

2. The application is supported by the affidavit of

RONALD MUTUMA

MUTAI

and has the following grounds:-

a) That the plaintiff/applicant is the registered owner of

Land Parcel No.

MWIMBI/CHOGORIA/5951, 5952 AND 5953

.

b) That the defendants without a colour of right have been interfering with the plaintiff’s occupation of the land by chasing away its agents.

c) That the plaintiff/applicant thought its agent has reported the matter to the police who instead referred the dispute to the area chief who was unable to resolve the same.

d) That the defendants insist and have swore to interfere with the plaintiff’s user of its property unless stopped by a court order.

e) That it is only fair, just and equitable that this application is allowed.

3. Upon perusal of the plaintiff’s application and all attached documents, I issue the following orders:

1. The matter is certified urgent.

2.

Prayer 2 in the application is granted in terms of section 63 of the Civil Procedure Act in view of the fact that this court will be

on recess until 15

th

September, 2020.

3.

The plaintiff should comply with Order 11, CPR, within 21 days and the defendants should do so within

21 days after receipt of the plaintiff’s compliance documents.

4. This application will be heard interpartes on

21

st

September, 2020

.

4. Orders accordingly.

Delivered in open Court at Chuka this 5

th

day of August, 2020 in the presence of:

CC: Ann

P. M. NJOROGE,

JUDGE.