|Civil Miscellaneous Application 158 of 2008
|STEPHEN KARIRU & JOHN KINYUA v MBOGOINI LAND DISPUTE TRIBUNAL & GRACE WAMURUANA MBOI
|11 Apr 2011
|High Court at Nakuru
|STEPHEN KARIRU & Another v MBOGOINI LAND DISPUTE TRIBUNAL & Another  eKLR
|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
CIVIL MISC. APPLICATION NO.158 OF 2008
The applicants, Stephen Kabiru and John Kinyua brought a chamber summons dated 7th March, 2008 for leave to challenge by Judicial review the decision of Mbogoini Land Dispute Tribunal granting the ownership of a parcel of land known as Kagumo Munyaka Farm to the 2nd respondent. Leave was not, however granted. Instead, the court (Mugo, J) directed that the summons be served for interpartes hearing and in the meantime, the status quo on the suit property be maintained.
The instant application dated 24th March, 2011 has been brought on the basis that the judicial review file No. 158/2008 has gone missing, yet the 2nd respondent, Grace Wamuruana Mboi has destroyed the applicant’s crops growing in the suit property.Pending the tracing, hearing and determination of the judicial review application, the applicant seeks in this application that the 2nd respondent be restrained from, interfering with the suit property described as plot No.38 in Kagochi area.
The basis of their claim is that the 2nd respondent despite the orders of the maintenance of status quo in the Judicial Review application No. 158 of 2008 has destroyed the applicants crops on plot No.38 in Kagochi area. The applicants have not demonstrated by exhibiting any documentary evidence that they are the registered or lawful owners of the suit property. Secondly, in the Judicial review application, the dispute is in respect of a property known as Kagumo Munyaka Farm. All the annextures to that application have no nexus with the suit property.
Dated, Delivered and Signed at Nakuru this 11th day of April, 2011.