[2014] KEHC 2452 (KLR)
The court dismissed the application because the applicant failed to appear and prosecute her case on the scheduled hearing date. Additionally, the court could not ascertain whether the respondents had been served with the application. In the absence of prosecution and proof of service, the court found no basis to...
Source-derived case information.
- Citation
- [2014] KEHC 2452 (KLR)
- Parties
- Plaintiff: Nkinga M'raiji; Defendant: Fredrick Kithinji; Defendant: Eliphas Mbae; Defendant: Ian Gitonga Kithinji; Defendant: Ian Kaburu Mbae
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 98 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction Application
- Outcome
- application dismissed for non-attendance and want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Injunctions, Eviction, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nkinga M'raiji
Plaintiff
Fredrick Kithinji
Defendant
Eliphas Mbae
Defendant
Ian Gitonga Kithinji
Defendant
Ian Kaburu Mbae
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the applicant is entitled to interim injunctive relief restraining the respondents from evicting her from the suit properties.
- 2 Whether the applicant is entitled to interim injunctive relief restraining the respondents from interfering with her harvesting of tea bushes on the suit land.
- 3 Whether the application should be dismissed for non-attendance and failure to prosecute.
Ratio Decidendi
The court dismissed the application because the applicant failed to appear and prosecute her case on the scheduled hearing date. Additionally, the court could not ascertain whether the respondents had been served with the application. In the absence of prosecution and proof of service, the court found no basis to grant the interim injunctive orders sought. The application was therefore dismissed, with no order as to costs.
Court Disposition
application dismissed for non-attendance and want of prosecution
Orders
- The application dated 7th June, 2014 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L NO. 98 OF 2013
NKINGA M'RAIJI...............................................................................................PLAINTIFF
VERSUS
FREDRICK KITHINJI & 3 OTHERS....................................................1ST DEFENDANT
ELIPHAS MBAE...................................................................................2ND DEFENDANT
IAN GITONGA KITHINJI......................................................................3RD DEFENDANT
IAN KABURU MBAE............................................................................4TH DEFENDANT
R U L I N G
This application by the plaintiff/applicant is dated 7th June, 2014 and seeks orders:
That this application be certified urgent and service of the same be dispensed with in the first instance.
That pending the hearing and determination of this application, the respondents either by themselves, agents, servants or any person acting on their behest be restrained by interim injunction from evicting the applicant from LR: MWIMBI/MURUGI/3763, LR: MWIMBI/MURUGI/3762, LR: MWIMBI/MURUGI/3765, AND LR: MWIMBI/MURUGI/3764 or any part thereof.
That pending the hearing and determination of the main suit herein, the respondent either by themselves, agents, servants or any person acting on their behest be restrained by interim injunction from evicting applicant from LR: MWIMBI/MURUGI/3763, LR: MWIMBI/MURUGI/3762, LR: MWIMBI/MURUGI/3765, AND LR: MWIMBI/MURUGI/3764 or any part thereof.
That pending the hearing and determination of this application, the respondents either by themselves, agents, servants or any person acting on their behest be restrained by interim injunction from preventing, interfering, with the applicant's picking or harvesting her tea bushes growing on LR: MWIMBI/MURUGI/810 as it was then or its sub-divisions.
That pending the hearing and determination of the main suit herein, the respondents either by themselves, agents, servants or any person acting on their behest be restrained by interim injunction from preventing, interfering, with the applicant's picking or harvesting her tea bushes growing on LR: MWIMBI/MURUGI/810 as it was then or its sub-divisions.
Cost of this application be provided for.
The application was fixed for interpartes hearing on 22. 7.2014. The applicant did not appear to prosecute her case. The court could not ascertain whether or not the respondents had been served.
In the circumstances, the application is dismissed with no order as to costs.
It is so ordered.
Delivered in Open Court at Meru this 22nd day of July, 2014 in the presence of:
Cc. Daniel/Lilian
P. M. NJOROGE
JUDGE