[2013] KEHC 936 (KLR)
The court found that the defendant had been properly served with the application and hearing notice but failed to appear or file any response. In the absence of opposition and upon consideration of the affidavit of service, the court was satisfied that the applicant was entitled to the interlocutory injunction...
Source-derived case information.
- Citation
- [2013] KEHC 936 (KLR)
- Parties
- Plaintiff: James Murithi Kabete; Defendant: James Kanyaru Chabari
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 15 of 2013
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Injunction
- Outcome
- Application allowed. Interlocutory injunction confirmed. Costs awarded to applicant.
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Injunction, Affidavit of Service, Land Disputes, Temporary Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Murithi Kabete
Plaintiff
James Kanyaru Chabari
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the applicant is entitled to an interlocutory injunction restraining the defendant from interfering with the suit land pending determination of the suit.
- 2 Whether the defendant was properly served with the application and hearing notice.
Ratio Decidendi
The court found that the defendant had been properly served with the application and hearing notice but failed to appear or file any response. In the absence of opposition and upon consideration of the affidavit of service, the court was satisfied that the applicant was entitled to the interlocutory injunction sought. The interim orders previously granted were confirmed, and costs were awarded to the applicant.
Court Disposition
Application allowed. Interlocutory injunction confirmed. Costs awarded to applicant.
Orders
- A temporary order of injunction is issued restraining the defendant, his agents, workmen or representatives from entering into, cultivating, harvesting crops or in any manner interfering with the applicant's use and occupation of LR. No. Tharaka/Nkondi 'A' /143 pending the hearing and determination of the suit.
- Costs of the application are awarded to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L CASE NO.15 OF 2013
JAMES MURITHI KABETE/PLAINTIFF...................................................PLAINTIFF
VERSUS
JAMES KANYARU CHABARI …..........................................................DEFENDANT
R U L I N G
This application is dated 9. 1.2013 and seeks orders:
(a) That this application be certified urgent.
(b) That pending the hearing of this motion interpartes, a temporary order of injunction do issue against the Respondent/Defendant, restraining him by himself, his agents or representatives from entering into the suit land, LR. No. Tharaka/Nkondi 'A' /143, harvesting the crops therein or in any other manner, interfere with the suit land.
(c) That pending the hearing and determination of this suit, an order of injunction do issue, restraining the defendant, his agents, workmen or representatives from entering into, cultivating, harvesting the Applicant's crops herein or in any manner interfere with the applicant's use and occupation of the land.
(d) Costs of the motion be paid to the defendant.
Prayers (a) and (b) are spent.
The application was fixed for inter partes hearing on 13. 8.2013
Mr. Murango Mwenda for the plaintiff/applicant told the Court that the defendant had not filed a memo of appearance and a defence. He also pointed out that the defendant was served with the hearing notice for this application but he had elected to absent himself. In the circumstances, he prayed that the Interim Orders granted on 5. 6.2013 be confirmed.
There is an affidavit of service showing that the defendant was properly served. I, therefore, allow the application and award costs to the applicant.
Delivered at Meru this 27th day of September, 2013 in the presence of:
Daniel/Mwonjaru
Mwanzia h/b Murango Mwenda for plaintiff
Defendant absent
P. M. NJOROGE
JUDGE