[2013] KEHC 4779 (KLR)
The court found that the respondent had expressly conceded to the preservation of the suit property in their replying affidavit. Since this was the main prayer sought by the applicant, and there was no opposition to it, the court allowed the application and granted the specific prayer for preservation of property...
Source-derived case information.
- Citation
- [2013] KEHC 4779 (KLR)
- Parties
- Plaintiff: Faith Tirindi Njeru; Defendant: Muriuki Wachira
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 210 of 2012
- Procedural Posture
- Environment and Land Case / Interlocutory Application Ruling
- Outcome
- Application allowed. Prayer 3 in the application dated 21st November, 2012 is granted. Costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Preservation of Property, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Tirindi Njeru
Plaintiff
Muriuki Wachira
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Application Ruling
Legal Issues
- 1 Whether the property No. Abogeta/U-Kithangari/776 should be preserved pending the hearing and determination of the suit.
Ratio Decidendi
The court found that the respondent had expressly conceded to the preservation of the suit property in their replying affidavit. Since this was the main prayer sought by the applicant, and there was no opposition to it, the court allowed the application and granted the specific prayer for preservation of property No. Abogeta/U-Kithangari/776 until the suit is heard and determined. The court further ordered that costs be in the cause.
Court Disposition
Application allowed. Prayer 3 in the application dated 21st November, 2012 is granted. Costs in the cause.
Orders
- Property No. Abogeta/U-Kithangari/776 is to be preserved until the suit is heard and determined.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Environmental & Land Case 210 of 2012 [if gte mso 9]><xml>
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FAITH TIRINDI NJERU........................................................................PLAINTIFF
VERSUS
MURIUKI WACHIRA........................................................................DEFENDANT
RULING
The plaintiff's application in this matter is dated 21st November, 2012.
Mr. Muthomi for the plaintiff/applicant alerted the Court to the respondent's replying affidavit dated 5th February, 2013. He pointed out that at paragraph 8 of the said affidavit, the respondent had conceded to the property No. Abogeta/U-Kithangari/776 being preserved until the suit herein is heard and determined. As this was the main prayer in the application dated 21st November, 2012, he prayed that the application be allowed.
I agree with the applicant's/plaintiff's position. In the circumstances, I allow the application and specifically, for avoidance of doubt, prayer 3 in the application dated21st November, 2012 is granted.
I order that costs be in the cause.
Delivered in open court at 10. 15 a.m. at Meru this 6th day of February, 2013.
P. M. NJOROGE
JUDGE
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