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

Court
Environment and Land Court at Chuka
Category
Civil
Judge(s)
P. M. Njoroge
Judgment Date
September 21, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3


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...............................................................1ST DEFENDANT/RESPONDENT
MURIUKI NDUBI.....................................................................2ND DEFENDANT/RESPONDENT
SAULU NDIGA..........................................................................3RD DEFENDANT/RESPONDENT
KARIBA KANAMPIU..............................................................4TH DEFENDANT/RESPONDENT
MWIRIGI MIRITI...................................................................5TH DEFENDANT/RESPONDENT
MUGENDI KAINYATI............................................................6TH DEFENDANT/RESPONDENT
PAUL KINYUA RIUNGU........................................................7TH DEFENDANT/RESPONDENT
MWITI RIUNGU......................................................................8TH DEFENDANT/RESPONDENT
BENEDICTINE NJIRU RIUNGU..........................................9TH DEFENDANT/RESPONDENT

RULING
1. This application is dated 5th 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. The application was heard interpartes on 21st September, 2020 and after listening to the parties the court issued the following orders:
a. Interim orders extended in terms of section 63 of the Civil Procedure Act.
b. The Preliminary Objection dated 10th September, 2020 is to be heard first and the proponents are granted 7 days to file and serve their submissions and the plaintiff is granted 7 days after receipt of the proponents submissions to respond.
c. Regarding affidavits and other responses, the parties are granted liberal leave to further respond as and if necessary within the next 20 days.
d. In view of the admissions that the 1st respondent leaves on the suit land, prayer 2 is varied to allow her to occupy the portion of land she is occupying.
e. Directions to be taken concerning the Preliminary Objection on 12.10.2020

Delivered in open court at Chuka this 21st day of September, 2020
in the presence of:
CA: Ndegwa
Mutegi present for the applicant/plaintiff
Muthomi present for the defendants/respondents
P. M. NJOROGE,
JUDGE.

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