WILLIAM GACANI MBERIA V. CHARLES KIRIMI MBUI & 4 ORS.

RULING

1. By way of a Notice of Motion dated 13th May, 2021 the applicant herein, Dr. William Gacani Mberia , has sought a conservatory order to restrain Charles Kirimi Mbui, the 1st respondent herein, the District Land Registrar Meru Central, the 2nd respondent herein, and the District Surveyor Meru Central, the 3rd respondent herein, from interfering with the applicant’s user and occupation of the land parcel No. Ntirimiti Settlement Scheme/417 (the subject property) pending the hearing and determination of this application, and Nyeri Civil Appeal No. E 026 of 2020.

2. The application was brought on grounds that the applicant is the registered owner of the subject property, while the 1st respondent is the registered owner of land parcels number Ntirimiti Settlement Scheme/484 2109; and that an access road lies between the subject property and the 1st respondent’s properties. It was the applicant’s contention that following a claim of the existence of a boundary dispute between himself and t…