M’mboroki M'itaru v District Land Adjudication Officer Tigania East/west & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CONSTITUTIONAL APPLICATION NO. 1 OF 2012 IN THE MATTER OF AN APPLICATION UNDER ARTICLE 165 (6)&(7) ART 159(2)(D)(E) ARTICLE 10(2)(b)259(1) CONSTITUTION OF KENYA BETWEEN GEORGE KABAYO as Legal Representative of the estate of M’MBOROKI M'ITARU.........................................................APPLICANT VERSUS DISTRICT LAND ADJUDICATION OFFICER TIGANIA EAST/WEST............................................1ST RESPONDENT DIRECTOR OF LAND ADJUDICATION...............2ND RESPONDENT NATHANIEL MAINGI THIMANGU as legal representative OF ABENDINEGO IMAINGI IBURI.....................INTERESTED PARTY RULING This application is dated 17th September, 2015 and has grounded the Urgent hearing of the application dated 20th March 2015 upon the following reasons:1. The 3rd Interested party has started developing the suit property whereas they (sic) are not in user and occupation of the same. 2. That there is pending an application for temporally (sic) injunction same dated 20 th March, 2013 which we pray the same be heard on priority basis so as to restrain any party herein from alienating, transferring developing as (sic) whatever interfering with the subject matter namely KIANJAI/ADJUDICATION Section 53 and 7382 and 9861 pending hearing and determination of the intact (sic) cause herein. 3. That if the 3rd interested party is not restrained on first instant (sic) the applicant stands to

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