Case ID:162844

Patrick Kathurima Njiru v Richard Kiriinya Muriungi & 5 others [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case 28 of 2020

Parties:

Patrick Kathurima Njiru v Richard Kiriinya Muriungi, Doris Kathambi Muriungi, Peter Marete, Faith Muthoni Njiru, Land Registrar & Meru District Land Registry

Date Delivered:

12 Aug 2020

Case Class:

Civil

Court:

Environment and Land Court at Chuka

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Patrick Kathurima Njiru v Richard Kiriinya Muriungi & 5 others [2020] eKLR

Court Division:

Environment and Land

County:

Tharaka Nithi

Case Outcome:

Prayer 2 granted

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

MERU ELC CASE NO. 28 OF 2020

PATRICK KATHURIMA NJIRU..............................................PLAINTIFF/APPLICANT

VERSUS

RICHARD KIRIINYA MURIUNGI...........................1

ST

DEFENDANT/RESPONDENT

DORIS KATHAMBI MURIUNGI..............................2

ND

DEFENDANT/RESPONDENT

PETER MARETE........................................................3

RD

DEFENDANT/RESPONDENT

FAITH MUTHONI NJIRU..........................................4

TH

DEFENDANT/RESPONDENT

LAND REGISTRAR.....................................................5

TH

DEFENDANT/RESPONDENT

MERU DISTRICT LAND REGISTRY.......................6

TH

DEFENDANT/RESPONDENT

RULING

1. This application which is dated

5

th

August, 2020

has been brought to court under a certificate of urgency and seeks the following orders:-

1. This application be certified urgent and heard ex-parte in the first instance.

2. Pending the inter parties hearing and determination of this application, this court be and is hereby pleased to issue a temporary injunction restraining the 1

st

– 4

th

defendants/respondents by themselves, their agents, representatives or by any other persons action on their authority from entering into, threatening eviction of tenants, demolishing buildings, occupying or undertaking any activity whatsoever on the parcels of land known as Title Number: Nyaki/Mulathankari/3702. Title Number: Nyaki/Mulathankari/3703 and Title Number Nyaki/Kithoka/4742.

3. Pending the inter parties hearing and determination of the main suit, this court be and is hereby pleased to issue a temporary injunction restraining the defendants/respondents by themselves, their agents, representatives or by any other persons acting on their authority from entering into, threatening eviction of tenants, demolishing buildings, occupying or undertaking any activity whatsoever on the parcels of land known as Title Number: Nyaki/Mulathankari/3702. Title Number: Nyaki/Mulathankari/3703 and Title Number Nyaki/Kithoka/4742.

4. Pending the inter parties hearing and determination of this application and the main suit this court be and is hereby pleased to issue a temporary injunction restraining the 5

th

defendant from registering a caution, inhibition or restriction on the titles for Title Number: Nyaki/Mulathankari/3702, Title Number: Nyaki/Mulathankari/3703 and Title Number Nyaki/Kithoa/4742 at the instance of the 1

st

– 4

th

defendants any other person acting on their directions.

5. The 1

st

– 4

th

defendants do bear the costs of this application.

2. The application is supported by the affidavit of Patrick Kathurima Njiru, the plaintiff and has 14 grounds.

3. I note that the suit property is registered in the name of the applicant. At this exparte stage, I am persuaded to certify the matter as urgent and to grant prayer 2 in the application. Prayers 3 and 4 will be considered during the hearing of the application.

4. Accordingly, the following orders are issued:-

a) Prayer 2 in the application is granted.

b) Application to be placed before the Hon. Justice Lucy Mbugua, ELC Judge, at Meru on

18

th

August, 2020

.

c) Costs shall be in the cause.

Delivered in chambers at Chuka this 12

th

day of August, 2020 in the presence of:

CA: Ndegwa

P. M. NJOROGE,

JUDGE.