St John Everlasting Gospel Churd Registered Trustees v Okeyo; Githua (Intended Interested Party) (Civil Suit E1249 of 2022) [2025] KEMC 171 (KLR) (15 May 2025) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 171
- Citation
- [2025] KEMC 171 (KLR)
- Decided
- 15 May 2025
The Intended Interested Party, Geoffrey Ngugi Githua, is enjoined as an Interested Party in the suit.
Facts
The Intended Interested Party, Geoffrey Ngugi Githua, has been occupying the suit premises since January 2023, taking over from the Defendant with the knowledge and consent of the Plaintiff. The Plaintiff has sought eviction and injunctions, which the Defendant and Plaintiff have accepted rent from the Intended Interested Party.
Issues
- Whether the Intended Interested Party should be enjoined as an Interested Party in the suit.
- Whether the Plaintiff and Defendant should be restrained from evicting, harassing, or interfering with the Intended Interested Party's peaceful occupation of the suit premises.
Reasoning
The Court found that the Intended Interested Party has been occupying the premises since January 2023 and has been recognized by the Plaintiff and Defendant as a tenant. The Court also noted that the Plaintiff and Defendant have accepted rent from the Intended Interested Party.
Outcome
The application is granted.
Orders
- The Intended Interested Party, Geoffrey Ngugi Githua, be enjoined as an Interested Party in this suit.
- Pending the hearing and determination of this application, this Honourable Court be pleased to issue an order restraining the Plainti and Defendant from evicting, harassing, or in any way interfering with the Intended Interested Party's peaceful occupation of the suit premises, LR No. 209/11363, Imara Daima Estate, Nairobi.
Remedies
- The costs of this application be provided for.
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