[2014] KEHC 235 (KLR)
The court allowed the plaintiff's application for interlocutory relief by consent of the parties, thereby granting a temporary injunction and an order of inhibition to preserve the suit properties pending the hearing and determination of the main suit. The court further marked the plaintiff's subsequent application...
Source-derived case information.
- Citation
- [2014] KEHC 235 (KLR)
- Parties
- Plaintiff: Gerald Muthuyia; Defendant: Silas Mwenda Mbui & Others
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 79 of 2008
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application and Transfer Order
- Outcome
- Application allowed by consent; suit transferred to Chief Magistrate's Court; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Temporary Injunctions, Land Disputes, Transfer of Suit, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gerald Muthuyia
Plaintiff
Silas Mwenda Mbui & Others
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application and Transfer Order
Legal Issues
- 1 Whether a temporary injunction should issue to restrain the defendants from interfering with L. R. NO. NTIMA/NTAKIRA/3390 pending determination of the suit.
- 2 Whether an order of inhibition should be registered against L. R. NO. NTIMA/NTAKIRA/3190 until the suit is heard and determined.
- 3 Whether the suit should be transferred to the Chief Magistrate's Court for hearing and determination.
Ratio Decidendi
The court allowed the plaintiff's application for interlocutory relief by consent of the parties, thereby granting a temporary injunction and an order of inhibition to preserve the suit properties pending the hearing and determination of the main suit. The court further marked the plaintiff's subsequent application as withdrawn by consent and directed the parties to comply with pre-trial procedures under Order 11 of the Civil Procedure Rules. Finally, the court ordered the transfer of the suit to the Chief Magistrate's Court in Meru for hearing and determination, as agreed by the parties and with the court's concurrence. The orders were made to facilitate the expeditious and just...
Court Disposition
Application allowed by consent; suit transferred to Chief Magistrate's Court; costs in the cause.
Orders
- The plaintiff's application dated 18.6.2008 is allowed by consent with costs in the cause.
- The plaintiff's application dated 6th July, 2011 is marked withdrawn with costs in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 79 OF 2008
GERALD MUTHUYIA....................................................................................PLAINTIFF
VERSUS
SILAS MWENDA MBUI & OTHERS.....................................................DEFENDANTS
R U L I N G
This application is dated 18. 6.2008 and seeks orders:
THATthis application be certified as urgent and be heard ex-parte in the first instance.
THATthis Honourable Court do issue an order of temporary injunction restraining the defendants jointly and severally either by themselves, their servants, and/or agents from disposing of, charging, transferring or in any way interfering, with L. R. NO. NTIMA/NTAKIRA/3390 pending hearing ad determination of the suit.
THATthis Honourable Court be pleased to make an order of inhibition to be registered against L. R. NO. NTIMA/NTAKIRA/3190 until this suit is heard and determined.
THATthe costs of this application be provided for.
By consent of the parties intimated to Court on 14. 10. 2014 this application is allowed with costs being in the cause.
By consent, it is ordered that:
The plaintiff's application dated 6th July, 2011 is marked withdrawn with costs to be in the cause.
Parties do fully comply with order 11, CPR within 30 days from today.
This suit is, with the Court's concurrence, transferred to the Chief Magistrate's Court in Meru for hearing and determination.
It is so ordered.
Delivered in Open Court at Meru this 14th day of October, 2014 in the presence of:
Cc Daniel/Lilian
Ngunjiri for Plaintiff
Riungu for Defendant
P. M. NJOROGE
JUDGE