Case ID:162828

Eunice Mwaronja Kirimi & another v Nkunja M’twerandu [2020] eKLR

Case Metadata

Case Number:

Environment and Land Suit 31 of 2020 (OS)

Parties:

Eunice Mwaronja Kirimi & Jacob Kirimi Philip v Nkunja M’twerandu

Date Delivered:

13 Aug 2020

Case Class:

Civil

Court:

Environment and Land Court at Chuka

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Eunice Mwaronja Kirimi & another v Nkunja M’twerandu [2020] eKLR

Court Division:

Environment and Land

County:

Tharaka Nithi

Case Outcome:

Application allowed.

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 ENVIRNMENT AND LAND COURT AT CHUKA

MERU ELC SUIT NO. 31 OF 2020 (O.S)

IN THE MATTER OF LR KIIRUA/NAARI-MAITEI/1083

AND

IN THE MATTER OF S. 17 AND 38 OF THE LIMITATION OF ACTIONS ACT

EUNICE MWARONJA KIRIMI......................................1

ST

PLAINTIFF

JACOB KIRIMI PHILIP..................................................2

ND

PLAINTIFF

-VERSUS-

NKUNJA M’TWERANDU...................................................DEFENDANT

RULING

1. This application is dated

10

th

August, 2020

and seeks the following orders:

1. That this Application be certified as urgent and service be dispensed with In the first instance.

2. That this Honorable court be pleased to grant an order of inhibition against L.R KIIRUA/NAARI-MAITEI/1083 the subject matter herein pending the hearing and determination of this application.

3. That this Honorable court be pleased to grant an order of inhibition against L.R KIIRUA/NAARI-MAITEI/1083 the subject matter herein pending the hearing and determination of this suit.

4. That this Honorable court be pleased to grant an order of Temporary injunction restraining the defendant his servants, agents or anyone at his behest from interfering with the plaintiff’s occupations and developments on one acre of land being part of L.R KIIRUA/NAARI-MAITEI/1083 pending the hearing the hearing and determination of this matter.

5. That the costs of this application be provided for:-

2. The application is supported by the affidavit of Eunice Mwaronja Kirimi, the 1

st

plaintiff, and has the following grounds:

a) That the plaintiffs have acquired rights over one (1)acre of land being part of L.R KIIRUA/NAARI-MAITEI/1083 and any change of the register shall complicate the hearing and determination of this suit.

b) That the plaintiffs have made immense developments on one acre out of L.R KIIRUA/NAARI-MAITEI/1083 the subject matter herein and there is need to have the status quo maintained pending the hearing and determination of this matter.

c) That the defendant need to be restrained from interfering with the subject matter otherwise the plaintiffs are likely to suffer irreparable loss and damage.

d) That the plaintiffs have raised a prima facie case with a probability of success

3. Due to Covid 19 concerns, this application has been handled in chambers without the physical appearance of the applicants.

4. Having perused the application and its annextures, I am of the opinion that the orders sought are merited.

5. Consequently, I issue the following orders:

i) The application is certified urgent.

ii) Prayer 2 is granted.

iii) Prayers 3, 4 and 5 will be canvassed before the Hon. Lady Justice Lucy Mbugua, at Meru and the parties are directed to appear before the Judge for directions and/or hearing on

20

th

August, 2020

.

Delivered in Chambers at Chuka this 13

th

day of August, 2020 in the presence of:

CA: Ndegwa

P. M. NJOROGE,

JUDGE.