[2014] KEHC 2425 (KLR)
The court found that the application for a temporary injunction was not opposed by the defendant, who merely stated that he had filed his defence. In the absence of opposition and given the urgency and nature of the orders sought to preserve the subject property, the court allowed the application for a temporary...
Source-derived case information.
- Citation
- [2014] KEHC 2425 (KLR)
- Parties
- Plaintiff: Lawrence Kirera Mathiu; Defendant: Stephen M'Imbui Garachia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 70 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction
- Outcome
- Application for temporary injunction allowed. Orders granted as prayed. Costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Injunctions, Land Trespass, Temporary Orders
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lawrence Kirera Mathiu
Plaintiff
Stephen M'Imbui Garachia
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendant from interfering with Title No.265 Sirimon Nyayo Settlement Scheme pending determination of the application and suit.
- 2 Whether the application is opposed or unopposed.
Ratio Decidendi
The court found that the application for a temporary injunction was not opposed by the defendant, who merely stated that he had filed his defence. In the absence of opposition and given the urgency and nature of the orders sought to preserve the subject property, the court allowed the application for a temporary injunction to restrain the defendant from interfering with the plaintiff's property pending the hearing and determination of the suit. The court also ordered the Officer Commanding Timau Police Station to enforce compliance with the orders. Costs were ordered to be in the cause.
Court Disposition
Application for temporary injunction allowed. Orders granted as prayed. Costs in the cause.
Orders
- Temporary injunction granted restraining the defendant, his agents, or servants from trespassing on, wasting, constructing, alienating, or otherwise interfering with Title No.265 Sirimon Nyayo Settlement Scheme pending the hearing and determination of the suit.
- Officer Commanding Timau Police Station to enforce compliance with the above orders.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC NO. 70 OF 2014
LAWRENCE KIRERA MATHIU............................................................PLAINTIFF
VERSUS
STEPHEN M'IMBUI GARACHIA.......................................................DEFENDANT
R U L I N G
This application is dated 13th May, 2014. It seeks the following orders:
1. That on the first instance this application be certified as urgent and the same be heard ex-parte due to its urgency.
2. That this honourable court be pleased to grant a temporary injunction restraining the respondent whether by himself, his agents and/or servant from trespassing on, wasting, constructing or, alienating or otherwise interfering or dealing with the plaintiff's property being Title No.265 Sirimon Nyayo Settlement Scheme pending the hearing and determination of this application.
3. That this honourable court be pleased to grant an injunction restraining the respondent whether by himself, his agent and/or servants from trespassing on wasting, constructing or, alienating or otherwise interfering or dealing with the plaintiff's property being Title number 265 Sirimon Nyayo Settlement Scheme pending the hearing and determination of this suit.
4. The Officer Commanding (OCS) Timau Police Station do enforce compliance of the orders above.
5. The cost of this application be provided for.
The application has been certified urgent on 24. 6.2014.
During the hearing of the application interpartes, the defendant merely said that he had filed his defence. The application is, therefore, not opposed. I, therefore, allow the application.
Costs Shall be in the cause.
It is so ordered.
Delivered in Open Court at Meru this 24th day of June, 2014 in the presence of:
Cc. Daniel
Mutunga for plaintiff's
Stephen M'Imbui Garachia – Defendant
P. M. NJOROGE
JUDGE