Macharia & another v Muchiri (Land Originating Summons E005 of 2025) [2026] KEELC 3650 (KLR)

Macharia & another v Muchiri (Land Originating Summons E005 of 2025) [2026] KEELC 3650 (KLR) (15 June 2026) (Ruling) Neutral citation: [2026] KEELC 3650 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MURANGA LAND ORIGINATING SUMMONS E005 OF 2025 MN GICHERU, J JUNE 15, 2026 BETWEEN PETER MWANGI MACHARIA ....................................................... 1ST APPLICANT ERASTUS MWANGI NJOROGE ..................................................... 2ND APPLICANT AND JONES GATE MUCHIRI .................................................................... RESPONDENT RULING 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 afidavit of the Applicants dated 15-4-2026. The gist of the ground and the afidavit is as follows. Firstly, the suit land is in the name of Defendant. Secondly, the Plaintifis 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 afidavit or grounds of opposition. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3650/eng@2026-06-15 1

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