Julius Gatobu Magiri & 4 others v Patrick Murigu [2013] KEHC 950 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ELC  6 OF 2012 (O.S.)

JULIUS GATOBU MAGIRI & 4  OTHERS............................PLAINTIFF

VERSUS

PATRICK MURIGU.............................................................DEFENDANT

R U L I N G

          The application herein is dated 8th July, 2013 and seeks orders:

1. THAT this honourable court be pleased to certify this application as urgent and dispense with service in the first instance.

2. THAT this honourable court be pleased to grant an order of inhibition to be registered against LR. NKUENE/U-MIKUMBUNE/84 Pending the hearing of this application interparties.

3. THAT this honourable court be pleased to grant an order of inhibition to be registered against L.R. NKUENE/U-MIKUMBUNE/84 pending the hearing and determination of this suit.

4. THAT this honourable court be pleased to grant an order of temporary injunction to restrain the defendants, their agents or servants from interfering or evicting the plaintiffs from parcel of land No. L.R NKUENE/U-MIKUMBUNE/84 pending the hearing and determination of this suit.

5. THAT the costs of this application be in the cause.

I grant the following orders:

1. Status quo be maintained to the effect that the parties remain where they are on the suit land and non-occupying parties should not move into the suitland and no new developments should be made until this suit is heard and determined.
2. Pending hearing of the suit an Order of Inhibition be registered against L.R. No. NKUENE/U-MIKUMBUNE/84 currently subdivided into Parcels Nos. NKUENE/U-MIKUMBUNE/1724 to 1728.
3. Costs will be in the cause.
4. This application is deemed as concluded.

Delivered in Open Court at Meru this 18th day of September, 2013 in the presence of:

Cc. Mwonjaru/Daniel

Gikunda for applicants

E. G. Mwangi for respondents.

P. M. NJOROGE

JUDGE