Environment and Land Case 21 of 2014

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Mary Karauki & another v David Munyua [2016] eKLR

Case Metadata
Case Number:	Environment and Land Case 21 of 2014
Parties:	Mary Karauki & Isaiah Thiaine Munyua v David Munyua
Date Delivered:	07 Mar 2016
Case Class:	Civil
Court:	High Court at Meru
Case Action:	Ruling
Judge(s):	Peter Muchoki Njoroge
Citation:	Mary Karauki & another v David Munyua [2016] eKLR
Advocates:	Miss Mutinda for the Applicant
Court Division:	Land and Environment
County:	Meru
Advocates:	Miss Mutinda for the Applicant
History Advocates:	One party or some parties represented
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

ENVIRONMENT AND LAND NO. 21 OF 2014

MARY KARAUKI...................................................PLAINTIFF

ISAIAH THIAINE MUNYUA...........................2ND PLAINTIFF

VERSUS

DAVID MUNYUA …...........................................DEFENDANT

R U L I N G

This application is dated 03/11/2014. It seeks orders:-

THAT the Honourable Court be pleased to certify this Application of utmost urgency and to hear it on priority basis and exparte and in the first instance.

THAT The Honourable Court be pleased to issue an order that the Defendant DAVID MUNYUA be detained in prison for a term not exceeding six months for disobeying Court orders of 14th February, 2014.

THAT the costs of this application be provided for.

The application is supported by the affidavit of MARY KARAUKI, the 1st Plaintiff and has the following.

THAT the Defendant has disobeyed the Court order of temporary injunction issued on 14th February, 2014.

THAT the Defendant has committed waste of the land subject of this suit and therefore this application warrants expeditious hearing to curb further wastage.

THAT the Defendant has been renting the land to strangers for cultivation.

THAT Court orders should not be issued in vain.

When the application came up in Court, Miss Mutinda for the applicants told the Court that it was the Plaintiffs wish to withdraw the application as the Defendant was no longer disobeying the Court Orders. The Court did not have an opportunity to hear the Defendant's side of the the story as neither the defendant, nor his Advocate were in Court.

Although the application is not opposed, I do not find it meritorious to allow the application. I, however, agree to have the application withdrawn. The Defendant is, However, cautioned not to disobey Court Orders, in future, if in this case he had done so.

The application dated 03/11/2014 is marked as withdrawn.

It is so ordered.

Delivered in open Court at Meru this 7th March, 2016 in the presence of:-

CC:

Daniel /Lilian

Miss Mutinda for the Applicant

P. M. NJOROGE

JUDGE

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