Case Metadata |
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| Case Number: | Civil Suit 93 of 2012 |
|---|---|
| Parties: | Municipal Council of Meru v M'ikiao M'iringo, Nathaniel Kithinji, Meru Central Land Registrar & Attorney General |
| Date Delivered: | 08 Mar 2016 |
| Case Class: | Civil |
| Court: | High Court at Meru |
| Case Action: | Ruling |
| Judge(s): | Peter Muchoki Njoroge |
| Citation: | Municipal Council of Meru v M'ikiao M'iringo & 3 others [2016] eKLR |
| Advocates: | Kitheka h/b Gichunge for Applicants |
| Court Division: | Civil |
| County: | Meru |
| Advocates: | Kitheka h/b Gichunge for Applicants |
| History Advocates: | One party or some parties represented |
| Case Outcome: | Application Allowed |
| 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
CIVIL SUIT NO. 93 OF 2012
MUNICIPAL COUNCIL OF MERU..........................................PLAINTIFF/APPLICANT
VERSUS
M'IKIAO M'IRINGO..................................................1ST DEFENDANT/RESPONDENT
NATHANIEL KITHINJI ..........................................2ND DEFENDANT/RESPONDENT
THE MERU CENTRAL LAND REGISTRAR.....3 RD DEFENDANT/RESPONDENT
THE ATTORNEY GENERAL…………………….4TH DEFENDANT/RESPONDENT
R U L I N G
This application is dated 1st March, 2016 and seeks orders:-
(1) THAT this application be certified very urgent and be heard ex-parte.
(2) THAT this Honourable Court be pleased to set aside/lift and discharge orders of prohibition and injunction prohibiting any dealing or altering of the register in respect of Land Parcel No. NYAKI/MULATHANKARI/829 issued by this Honourable Court on 18/5/2012.
(3) THAT costs incidental to this application be borne by the Plaintiff.
The application is supported by the affidavit of NATHANIEL KITHINJI, the 2nd Defendant and has the following grounds:-
i. THAT the Plaintiff's suit was dismissed for want of prosecution on 22nd October, 2015.
ii. THAT the Plaintiff has not lodged any appeal or challenged the order for dismissal.
iii. THAT it will be in the best interest of justice that the orders be set aside and discharged as they have been spent on dismissal of this suit.
iv.THAT unless the orders sought are granted the applicant will suffer prejudice.
This suit was dismissed on 22/10/2015. This application seeks to implement the import of this Court's Ruling. The application is allowed in terms of prayer 2. It is ordered as follows:-
1. Any Orders of Inhibition, prohibition or Injunction prohibiting any dealings in or alterations of the Register in respect of Land Parcel No. NYAKI/MULATHANKARI/829 issued by this Court on 18/05/2012 are discharged and the Land Registrar, in charge of the Register for parcel No. NYAKI/MULATHANKARI/ 829 is ordered to implement this order forthwith.
2. Costs are awarded to the Defendants.
3. It is so ordered.
Delivered in Open Court at Meru this 8th day of March, 2016 in the presence of:-
CC: Daniel/Lilian
Kitheka h/b Gichunge for Applicants
P.M. NJOROGE
JUDGE
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