[2013] KEHC 930 (KLR)
The court allowed the application for a temporary injunction by consent of both parties, confirming that the applicant is entitled to protection from eviction or interference with possession of the suit property until the suit is heard and determined or further orders are issued. The order preserves the status quo...
Source-derived case information.
- Citation
- [2013] KEHC 930 (KLR)
- Parties
- Applicant: Michael M'Rinyiru M'Mwirichia; Respondent: Isaya Mwenda
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 128 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction
- Outcome
- Application allowed by consent; temporary injunction granted.
- Judges
- FM Njoroge
- Legal Topics
- Temporary Injunctions, Eviction, Quiet Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael M'Rinyiru M'Mwirichia
Applicant
Isaya Mwenda
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the applicant is entitled to a temporary injunction restraining the defendant from evicting or interfering with the applicant's possession of L.R. NO.NYAKI/MUNITHU/1159 pending determination of the suit.
Ratio Decidendi
The court allowed the application for a temporary injunction by consent of both parties, confirming that the applicant is entitled to protection from eviction or interference with possession of the suit property until the suit is heard and determined or further orders are issued. The order preserves the status quo and ensures that the applicant's rights are not prejudiced pending the final determination of the dispute.
Court Disposition
Application allowed by consent; temporary injunction granted.
Orders
- A temporary injunction is granted restraining the defendant, his servants, agents, or anyone acting through him from evicting or interfering with the plaintiff's possession, use, and occupation of L.R. NO.NYAKI/MUNITHU/1159 until the suit is heard and determined or until further court orders.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L NO. 128 OF 2012
MICHAEL M'RINYIRU M'MWIRICHIA..............................PLAINTIFF/APPLICANT
VERSUS
ISAYA MWENDA.......................................................................................DEFENDANT
R U L I N G
The application herein is dated 16th September, 2013 .
It seeks orders:
THATthis Application be certified urgent and be heard exparte in the first instance.
THATthis Honourable Court be pleased to grant an order of temporary injunction restraining the Defendant, his servants/agents or anybody else acting through him or for him from evicting and or in any other way interfering with the plaintiffs quiet and peaceful possession user and occupation of L.R. NO.NYAKI/MUNITHU/1159 until this suit is heard and determined or until further Court Orders.
Costs be provided for.
When the matter came up for Inter Partes hearing on 25. 9.2013, the parties, by consent, agreed to have prayer 2 confirmed. The effect is that the application is allowed. Costs shall be in the cause.
Delivered in Open Court at Meru this 25th day of September, 2013 in the presence of:
Mwonjaru/Daniel
Kiambi h/b Gituma for applicant
Mokua for Respondent
P. M. NJOROGE
JUDGE