JAMES MUKURIA NJOROGE V. JOSEPH MURAYA GACHUHI, JORETH LIMITED & COMMISSIONER OF LANDS

RULING OF THE COURT

The applicant James Mukuria Njoroge, the administrator of the estate of the late Njoroge Thairu, filed the notice of motion dated 27^th May, 2014 invoking the powers donated by Rules 5, 41, 47 of the Court of Appeal Rules with the main prayer:

i. that an injunction do issue restraining the 1^st and 2^nd respondents from cultivating or interfering with his possession of the parcel of land known as LR 133330/592 until the intended appeal is heard and determined.

From the grounds set out in the body of the motion, the contents of the supporting affidavit and the submissions by Mr. Mugo, the learned counsel for the applicant, we gathered that the applicant filed E.L.C No.462/2012 in the High Court together with an application for a temporary injunction to protect his interest in the said Land L.R. 13330/592. It was the applicant’s claim that his late father was allocated Plot No.173 of the larger LR.13330/592 which was once registered in the name of Thome Farmers No.5 Ltd. …