REPUBLIC OF KENYA IN THE ENVIRONMENT & LAND COURT AT CHUKA CONSTITUTION PETITION NO. …03…..OF 2019 IN THE MATTER OF CONTRAVENTION OF CONSTITUTIONAL RIGHTS UNDER ARTICLES 23(3), 27(1) & (2), 40 & 47 OF THE CONSTITUTION AND IN THE MATTER OF SECTIONS 25, 26, 27, 28 & 29 OF THE LAND ADJUDICATION ACT AND IN THE MATTER OF SECTIONS 26 & 110 OF THE LAND REGISTRATION ACT NO. 3 OF 2012 BETWEEN SERAPHIN NDAGARA M’MWAMBA.......................................PETITIONER AND DAVID N. KANAMPIU........................................................1 ST RESPONDENT DISTRICT LAND ADJUDICATION & SETTLEMENT OFFICER MERU SOUTH...................................................2 ND RESPONDENT DIRECTOR OF LAND ADJUDICATION.........................3RD RESPONDENT LAND REGISTRAR, MERU SOUTH................................4TH RESPONDENT CHIEF LAND REGISTRAR................................................5 TH RESPONDENT THE HONOURABLE ATTORNEY GENERAL...............6TH RESPONDENT RULING 1. This application is dated 21.5.2019 and seeks orders: 1. That this application be certified urgent. 2. That an interim order of inhibition do issue restraining the registration of dealings in L.R. No. Kathwana/1215 pending the interpartes hearing of this application. 3. That an order of inhibition do issue restraining the registration of dealing in L.R. No. Kathwana/1215 pending the hearing and determination of this application. 4. That costs of this application be provided for.
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2. It has the following grounds:1. That the 1st Respondent is registered as the owner of L.R. No. Kathwana/1215. 2. That the said parcel of land is the subject of these proceedings. 3. That the 1st Respondent has put out the suit land for sale and various potential buyers have visited the same for inspection. 4. That unless dealings in respect of the suit land are inhibited, the 1 st Respondent will move the suit land further from the reach of the petitioner. 5. That the purpose of this application is to preserve the suit land pending the determination of the issues at variance between the parties. 3. The application is buttressed by the affidavit of Seraphine Ndagara M’Mwamba sworn on 21st May, 2019 which states: I, SERAPHINE NDAGARA M’MWAMBA an adult male person of sound mind and of P. O. Box 69 Marimanti do hereby make oath and state as follows: 1. That I am the Petitioner herein properly versed with all the issues stated herein. 2. That the subject matter of this Petition is L.R. No. Kathwana/1215 which is registered in the name of the 1 st Respondent as can be deduced from the certificate of official search attached hereto. 3. That the 1st Respondent is soliciting for buyers of the suit property and has brought several potential purchasers to inspect the same. 4. That I am apprehensive that the 1 st Respondent shall deal with the suit property in a manner that shall jeopardize the proper litigation of this petition. 5. That in the premises I humbly pray that an order of inhibition do issue to restrict any intended dealings with the suit property. 6. That it is in the interests of justice and fairness that these orders are sought. 7. That I depose to the foregoing believing the same to be true to the best of my knowledge, belief ad understanding. 4. At the exparte stage, Mr. Mark Muriithi, the applicant’s advocate asked the court to grant prayer 2 to preserve the suit property. 5. Upon perusal of the apposite pleadings, I order as follows: a) The application is NOT certified urgent BUT will be heard on priority basis. b) Prayer 2 is granted. c) Costs shall be in the cause. d) The applicant to property serve the application upon the respondent. e) The application will be heard interpartes on 13.6.2019 . Delivered in open Court at Chuka this 27th day of May, 2019 in the presence of: CA: Ndegwa Mark Muriithi for the applicant/appellant P. M. NJOROGE JUDGE
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