(1) This ruling is on the notice of motion dated 15-4-2026. The motion is brought under Section 3 of the Civil Procedure Act and all enabling provisions of the law seeks three (3) residual orders.
2. A restriction/restraining order be registered against L.R. No. Loc.3/Githumu/956 registered under the name of Jones Gate Muchiri.
3. The Respondent herein, his agents, servants and/or anybody claiming through or under him be restrained by way of interim injunction from building , constructing, selling and or alienating the suit pending the hearing and determination of the suit.
4. The costs of this application to be borne by the Respondent.
(2) The motion is based on one ground and is supported by the affidavit of the Applicants dated 15-4-2026. The gist of the ground and the affidavit is as follows. Firstly, the suit land is in the name of Defendant. Secondly, the Plaintiffs have reliable information that that the Defendant intends to sell the suit land secretly. This would defeat this suit and the ends of justice. It is therefore necessary that this motion be allowed.
(3) The motion though served is unopposed because the Defendant did not file any replying affidavit or grounds of opposition.
(4) I have carefully considered the motion dated 15-4-2026 in its entirety. I find that on 26-3-2025, a similar application dated 29-1-2025 was allowed by consent. The current motion is therefore a repetition of the earlier one dated 29-1-2025. The motion dated 15-4-2026 is therefore dismissed.
Dated, Signed and Delivered virtually at Murang’a this 15th day of June, 2026.
M.N. GICHERU JUDGE.
Delivered online in the presence of; -
Court Assistants – Antony
Plaintiff’s Counsel –Mr. T.M. Njoroge
Defendant’s Counsel – Absent
2. A restriction/restraining order be registered against L.R. No. Loc.3/Githumu/956 registered under the name of Jones Gate Muchiri.
3. The Respondent herein, his agents, servants and/or anybody claiming through or under him be restrained by way of interim injunction from building , constructing, selling and or alienating the suit pending the hearing and determination of the suit.
4. The costs of this application to be borne by the Respondent.
(2) The motion is based on one ground and is supported by the affidavit of the Applicants dated 15-4-2026. The gist of the ground and the affidavit is as follows. Firstly, the suit land is in the name of Defendant. Secondly, the Plaintiffs have reliable information that that the Defendant intends to sell the suit land secretly. This would defeat this suit and the ends of justice. It is therefore necessary that this motion be allowed.
(3) The motion though served is unopposed because the Defendant did not file any replying affidavit or grounds of opposition.
(4) I have carefully considered the motion dated 15-4-2026 in its entirety. I find that on 26-3-2025, a similar application dated 29-1-2025 was allowed by consent. The current motion is therefore a repetition of the earlier one dated 29-1-2025. The motion dated 15-4-2026 is therefore dismissed.
Dated, Signed and Delivered virtually at Murang’a this 15th day of June, 2026.
M.N. GICHERU JUDGE.
Delivered online in the presence of; -
Court Assistants – Antony
Plaintiff’s Counsel –Mr. T.M. Njoroge
Defendant’s Counsel – Absent