Case Metadata |
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| Case Number: | Environment and Land Case 169 of 2014 |
|---|---|
| Parties: | George Mwiti Itwaruchiu, Silas Muthee M'Turuchiu & Gerald Murithi M'Ituruchiu v Zipporah Mwari M'Twaruchiu, Catherine Karwirwa,Margaret Karamana, Anna Katho & Joseph Bundi |
| Date Delivered: | 27 Nov 2014 |
| Case Class: | Civil |
| Court: | Environment and Land Court at Meru |
| Case Action: | Ruling |
| Judge(s): | Peter Muchoki Njoroge |
| Citation: | George Mwiti Itwaruchiu & 2 others v Zipporah Mwari M'Twaruchiu & 4 others [2014] eKLR |
| Advocates: | Muthomi for the Plaintiffs/Applicant |
| Court Division: | Land and Environment |
| County: | Meru |
| Advocates: | Muthomi for the Plaintiffs/Applicant |
| History Advocates: | One party or some parties represented |
| Case Outcome: | Prayers 3 and 4 of the application confirmed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L NO. 169 OF 2014
GEORGE MWITI ITWARUCHIU..........................................................1ST PLAINTIFF
SILAS MUTHEE M'TURUCHIU..........................................................2ND PLAINTIFF
GERALD MURITHI M'ITURUCHIU....................................................3RD PLAINTIFF
VERSUS
ZIPPORAH MWARI M'TWARUCHIU...............................................1ST DEFENDANT
CATHERINE KARWIRWA................................................................2ND DEFENDANT
MARGARET KARAMANA................................................................3RD DEFENDANT
ANNA KATHONI..................................................................................4TH DEFENDANT
JOSEPH BUNDI....................................................................................5TH DEFENDANT
RULING
This application is dated 4th November, 2014 and seeks orders:
1. THAT this Honourable Court be pleased to certify this application as urgent and the same be heard exparte in the first instance.
2. THAT pending the hearing of this application inter parties this Honourable Court be pleased to issue an Order of inhibition against L. R. No. NTIMA/IGOKI/8818 restricting any kind of dealings with the same.
3. THAT pending the hearing and determination of this suit this Honourable Court be pleased to issue an order of inhibition and the same be registered against L. R. No. NTIMA/IGOKI/8818 to restrict any kind of dealings and preserve the same.
4. THAT the order issued herein be served upon the District Land Registrar Meru for registration and compliance.
5. THAT the costs of this application be provided for.
It has the following grounds:
(a) The defendants are determined to sell the suit land to wit L. R. No. NTIMA/IGOKI/8818 hence their determination to have the caution which is registered against the suit land removed.
(b) The plaintiffs have developed the suit land extensively with coffee, gravellia trees, bananas and napier grass.
(c) The suit land is family land and the first defendant holds the same as a trustee of the plaintiffs and other members of the family.
(d) There are no compelling reasons as to why the defendants are seeking to sell the family land.
(e) The first defendant has left her home and she is not willing to reside with the plaintiffs.
(f) The plaintiffs will suffer great loss, prejudice and damage if the land is sold.
(g) It is fair, just and equitable if the orders sought are granted.
During inter partes hearing on 27.11.2014, the respondents were not in Court although the court is satisfied that they were aware of this date. In the circumstances, I confirm prayers 3 and 4 in the application.
Costs shall be in the cause.
It is so ordered.
Delivered in Open Court at Meru this 27.11.2014 in the presence of:
Cc. Arimi
Muthomi for Plaintiffs/Applicant
P. M. NJOROGE
JUDGE
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