Ndung’u v Chege (Matrimonial Cause E005 of 2023) [2026] KEHC 6746 (KLR) (18 May 2026) (Ruling)
The application was unopposed after service on the Respondent, and the Applicant had shown a dispute over dealings with the property; the court therefore granted interim preservation orders to maintain the subject property pending determination of the suit.
Source-derived case information.
- Citation
- [2026] KEHC 6746 (KLR)
- Parties
- Applicant: Lucy Njambi Ndung’u; Respondent: John Ndung’u Chege
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Matrimonial Cause E005 of 2023
- Procedural Posture
- Matrimonial Cause; Interlocutory Application for Temporary Injunction and Status Quo Orders / Ruling on Unopposed Notice of Motion
- Outcome
- Application allowed in part.
- Judges
- ["JM Nang'ea"]
- Legal Topics
- Matrimonial Property, Temporary Injunction, Status Quo Order, Unopposed Application, Alienation of Property, Construction on Disputed Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Njambi Ndung’u
Applicant
John Ndung’u Chege
Respondent
Procedural Posture
Matrimonial Cause; Interlocutory Application for Temporary Injunction and Status Quo Orders / Ruling on Unopposed Notice of Motion
Legal Issues
- 1 Whether interim injunctive relief should issue restraining dealings with the disputed matrimonial property
- 2 Whether status quo orders should be granted pending hearing of the application and suit
Ratio Decidendi
The application was unopposed after service on the Respondent, and the Applicant had shown a dispute over dealings with the property; the court therefore granted interim preservation orders to maintain the subject property pending determination of the suit.
Court Disposition
Application allowed in part.
Orders
- Prayer 2 and prayer 3 of the Motion were granted pending hearing and determination of the suit.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT NAKURU** **MATRIMONIAL CAUSE NUMBER E005 OF 2023** **LUCY NJAMBI NDUNG’U ………………….…..……….. APPLICANT** **VERSUS** **JOHN NDUNG’U CHEGE …………..…………...….. RESPONDENT** **RULING** 1. By Notice of Motion dated 9th february 2026, the Applicant seeks orders as hereunder;- 2. **Spent.** 3. **THAT the Honourable Court in the interim do issue an order of temporary injunction restraining the Respondent, his servants, agents or assigns from alienating, leasing, charging, sub-dividing, interfering and or dealing in any manner whatsoever with land parcel Nakuru Municipality Block 22/4000 (Muguga), which is among the properties referred to as “suit properties” herein pending the hearing and determination of this application inter parties and the suit filed herein.** 4. **THAT the Honourable Court in the interim do order that the status quo be maintained as it were at the time of filing the suit herein on land parcels Bahati/Kabatino block 1/6364, Nakuru Municipality Block 25/984, Nakuru Municipality Block 1/299 (Langalanga), Nakuru Municipality Block 22/4000 (Muguga), and Dundori/Miroreni Block 2/2670 (Ndimu) all referred as “suit properties” pending the hearing and determination of this application inter parties and the suit filed herein.** 5. **THAT the costs of this application be provided for.** 6. The Application is supported by the Applicant’s affidavit. In a nutshell, she complains that the Respondent has unlawfully commenced construction activity on a disputed property known as Nakuru/Municipality Block 22/4000 (Muguga) despite pendency of this suit. 7. The Respondent has not replied to the Application despite evidence of service thereof upon him. The Application is thus deemed as unopposed. 8. Consequently, prayers 2 and 3 of the Motion are granted pending hearing and determination of the suit. The costs of the Application shall be in the cause. **J. M. NANG’EA, JUDGE.** **Ruling delivered virtually this 18th day of May, 2026 in the absence of the Parties and/or their advocates.** **J. M. NANG’EA, JUDGE.**