[2014] KEHC 6161 (KLR)
The court found that the application was unopposed and that the plaintiff had demonstrated sufficient grounds for the grant of an order of inhibition to preserve the suit property and to restrain the defendant from interfering with the plaintiff's occupation. The absence of opposition and the need to maintain the...
Source-derived case information.
- Citation
- [2014] KEHC 6161 (KLR)
- Parties
- Plaintiff: Josphat Kirigia M'Itura; Defendant: Mohammed Abdi Muthee
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 255 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition and Restraining Orders
- Outcome
- Application allowed as unopposed. Orders of inhibition and restraint granted. Costs awarded to the plaintiff.
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Interlocutory Injunctions, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josphat Kirigia M'Itura
Plaintiff
Mohammed Abdi Muthee
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition and Restraining Orders
Legal Issues
- 1 Whether the plaintiff is entitled to an order of inhibition against dealings with parcel 1043/ANTUBETWE/KIONGO ADJ. SECTION pending hearing and determination of the suit.
- 2 Whether the defendant should be restrained from interfering with the plaintiff's occupation of the suit land.
Ratio Decidendi
The court found that the application was unopposed and that the plaintiff had demonstrated sufficient grounds for the grant of an order of inhibition to preserve the suit property and to restrain the defendant from interfering with the plaintiff's occupation. The absence of opposition and the need to maintain the status quo pending the hearing and determination of the main suit justified the grant of the orders sought. The court accordingly allowed the application and awarded costs to the plaintiff.
Court Disposition
Application allowed as unopposed. Orders of inhibition and restraint granted. Costs awarded to the plaintiff.
Orders
- An order of inhibition is issued to inhibit any dealing with parcel 1043/ANTUBETWE/KIONGO ADJ. SECTION until the suit is heard and determined.
- The defendant is restrained from interfering with the plaintiff's peaceful occupation of parcel 1043/ANTUBETWE/KIONGO ADJ. SECTION until the suit is heard and determined.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC NO.255 OF 2013
JOSPHAT KIRIGIA M'ITURA.......................................................................PLAINTIFF
VERSUS
MOHAMMED ABDI MUTHEE...................................................................DEFENDANT
R U L I N G
This application is dated 24th September, 2013. It seeks orders:
A. THAT the Hon. Court be pleased to certify this application as urgent and dispense with its service in the first instance.
B. THAT the Hon. Court be pleased to issue an order of INHIBITION to inhibit any dealing with parcel 1043/ANTUBETWE/KIONGO ADJ. SECTION until this application is heard interpartes.
C. THATthat the Hon. Court Be pleased to restrain the defendant from interfering with the peaceful occupation of parcel No.1043/ANTUBETWE/KIONGO ADJ. SECTION.
D. THAT the Hon. Court be pleased to confirm prayer B and C above until this suit is heard and determined.
E. THATthe defendant do bear the costs of this application.
An interim order of inhibition was granted on 26. 9.2013.
The application was heard inter partes on 5. 3.2014.
Despite evidence of service the plaintiff failed to come to Court.
Prayer 1 is spent.
The application, which is unopposed is allowed. Costs are awarded to the plaintiff.
Deliverd in Open Court at Meru this 5th day of March, 2014 in the presence of:
Cc. Daniel
Ogoti for the plaintiff
P. M. NJOROGE
JUDGE