Elida Aoko Opiyo v Richard Okach Migawo & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CIVIL CASE NO. 130 OF 2010 ELIDA AOKO OPIYO …….….……..………….. PLAINTIFF/APPLICANT VERSUS RICHARD OKACH MIGAWO …..……. 1ST DEFENDANT/RESPONDENT JOHN ARENDE MIGAWO …………… 2ND DEFENDANT/RESPONDENT SAMWEL ODOYO MIGAWO ……...…. 3RD DEFENDANT/RESPONDENT RULING The plaintiff’s application seeking a temporary injunction to restrain the defendants from trespassing onto her parcel of land known as Kamagambo/Kabuoro/4633 pending hearing and determination of this suit was served upon the defendants on 14th May, 2010. The 1st and 3rd defendants entered appearance through Odero Osiemo & Co. Advocates and Khan & Associates Advocates respectively. However, neither grounds of opposition nor replying affidavits were filed by any of the defendants. When the plaintiff’s application came up for hearing on 8th July, 2010 none of the defendants nor their advocates attended. The plaintiff’s application was therefore unopposed. Having carefully perused the plaintiff’s application, I am satisfied that she is the registered proprietor of L.R. NO. KAMAGAMBO/KABUORO/4633. She has demonstrated that the defendants are unlawfully interfering with her aforesaid property and consequently I grant the orders as sought. The defendants shall bear the costs of this application. DATED, SIGNED AND DELIVERED AT KISII THIS 29TH DAY OF JULY, 2010 D. MUSINGA JUDGE. 29/7/2010 Before D. Musinga, J. Mobisa – cc Mr. Oguttu for the Plaintiff N/A for the Defendant Court: Ruling delivered in open court on 29th July, 2010. D. MUSINGA JUDGE.