[2014] KEHC 2449 (KLR)
The court accepted the plaintiff's request to withdraw both applications for contempt and inhibition, noting the absence of opposition from the defendants. However, in the interests of justice and to preserve the subject matter of the suit, the court exercised its discretion under Section 63 of the Civil Procedure...
Source-derived case information.
- Citation
- [2014] KEHC 2449 (KLR)
- Parties
- Plaintiff: Gladys Kiario Muthee; Defendant: John Mbaya Kiriinya; Defendant: Julius Mworia Kiriinya; Defendant: Land Registrar Meru Central; Defendant: Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 74 of 2013
- Procedural Posture
- Civil Case / Interlocutory Ruling on Withdrawal of Applications and Grant of Inhibition Order
- Outcome
- Applications withdrawn; inhibition order granted; no order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Withdrawal of Applications, Inhibition Orders, Contempt of Court, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gladys Kiario Muthee
Plaintiff
John Mbaya Kiriinya
Defendant
Julius Mworia Kiriinya
Defendant
Land Registrar Meru Central
Defendant
Attorney General
Defendant
Procedural Posture
Civil Case / Interlocutory Ruling on Withdrawal of Applications and Grant of Inhibition Order
Legal Issues
- 1 Whether the plaintiff's two applications for contempt and inhibition should be withdrawn as requested by the plaintiff.
- 2 Whether the court should grant an inhibition order despite the withdrawal of the applications.
Ratio Decidendi
The court accepted the plaintiff's request to withdraw both applications for contempt and inhibition, noting the absence of opposition from the defendants. However, in the interests of justice and to preserve the subject matter of the suit, the court exercised its discretion under Section 63 of the Civil Procedure Act to grant an inhibition order as prayed for in the withdrawn application dated 6th March 2013. This order was made to ensure that the status quo regarding the property in dispute is maintained pending the hearing and determination of the main suit. No order as to costs was made regarding the withdrawn applications.
Court Disposition
Applications withdrawn; inhibition order granted; no order as to costs.
Orders
- The plaintiff's two applications dated 4.3.2014 and 6.3.2014 are marked as withdrawn.
- No order as to costs on the withdrawn applications.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO.74 OF 2013
GLADYS KIARIO MUTHEE.........................................................................PLAINTIFF
VERSUS
JOHN MBAYA KIRIINYA...................................................................1ST DEFENDANT
JULIUS MWORIA KIRIINYA............................................................2ND DEFENDANT
LAND REGISTRAR MERU CENTRAL............................................3RD DEFENDANT
ATTORNEY GENERAL......................................................................4TH DEFENDANT
R U L I N G
There were 2 applications in this matter, both filed by the plaintiff. The application dated 4. 3.2014 seeks orders:
THATthe honourable court be pleased to certify this application of utmost urgency and to hear it on priority basis and ex-parte and in the 1st instance.
THATthe honourable court be pleased to issue an order that the 1st and 2nd defendants JOHN MBAYA KIRINYA and JULIUS MWORIA KIRIINYA be detained in prison for a term not exceeding six months for disobeying a court order.
THATcosts of the application be provided for.
The second one dated 6. 3.2014 seeks orders
THATthe honourable court be pleased to certify this application of utmost urgency and to hear it on a priority basis and ex-parte and in the 1st instance.
THATthe honourable court be pleased to issue an order that the 1st and 2nd defendants JOHN MBAYA KIRINYA AND JULIUS MWORIA KIRIINYA be detained in prison for a term to exceeding six months for disobeying a court order.
THATcosts of the application be provided for.
On 24. 7.2014, Mr. Mutwiri, Advocate holding brief for Gregory Mutuma for the plaintiff asked the Court to Mark the 2 applications withdrawn. These withdrawals were not opposed by the 3rd and 4th defendants. Mr. Murithi for the 1st and 2nd defendant was in Court just minutes before the intention to withdraw the applications was intimated. As he was supposed to be in Court, but was not, the court takes the view that he does not oppose the withdrawals.
The two applications are, therefore, marked withdrawn with no order as to costs.
In the interests of justice, and in accordance with Section 63, CPA the order of inhibition prayed for in prayer 4 of the withdrawn application dated 6th March, 2013 is granted pending hearing and determination of the suit.
It is so ordered.
Delivered in Open Court at Meru, this 24th day of July, 2014 in the presence of:
Mutwiri h/b Mutuma for plaintiff/applicant
Kieti for 4th and 5th Defendants
P. M. NJOROGE
JUDGE