REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT OF KENYA
AT MOMBASA
DIVORCE CAUSE NO…………OF 2017
SYBIL YVONNE REGINA MUKONYO KISINGU ……..PETITIONER
=VERSUS=
JOHN MIDDLETON………….…….….……………...….....RESPONDENT
CERTIFICATE OF URGENCY
I, GRACE A. OKUMU of Post Office Box Number 17019- 80100, Mombasa
within the Republic of Kenya being an Advocate of this Honourable Court
and having the conduct of this matter on behalf of the Plaintiff do hereby
CERTIFY that this Application is VERY URGENT in that the Plaintiff/
Applicant stands to suffer irreparable loss unless the 1 st Defendant/Respondent
is restrained immediately from interfering with the Plaintiff’s peaceful and
quiet possession of the suit property known as Mombasa/
Mwembelegeza/1473.
I therefore urge this Honourable Court to hear this Application on a priority
basis.
DATED at Mombasa this ………………..day of ………………. ……….2017.
G. A. OKUMU & CO.
(ADVOCATES FOR THE PLAINTIFF/APPLICANT)
DRAWN & FILED BY:
G. A. OKUMU & CO.
ADVOCATES
T.S.S TOWER BUILDING, 5TH FLOOR,
NKRUMAH ROAD.
P.O. BOX 17019 - 80100
MOMBASA.
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT OF KENYA
AT MOMBASA
DIVORCE CAUSE NO…………OF 2017
SYBIL YVONNE REGINA MUKONYO KISINGU ….…..PETITIONER
=VERSUS=
JOHN MIDDLETON………….…….…….…………...….....RESPONDENT
CHAMBER SUMMONS
(Under Order XXXIX Rules 1, 2, and 9 of the Civil Procedure Rules Section
3A of the Civil Procedure Act and all other enabling provisions of the Law
LET ALL PARTIES CONCERNED attend the Honourable Judge in
Chambers on the …………….day of ………….2017 at 9.00 O’clock in the
forenoon or soon thereafter as counsel for the petitioner may be heard for the
following ORDERS;-
1. THAT this application be certified as urgent and service therefore be
dispensed with in the first instance.
2. THAT the Respondent herein be restrained by herself her servant and
agent from in any way from selling alienating disposing and/or in any
other way dealing with the matrimonial property herein pending the
hearing of this application inter- partes which property comprises of;-
a)
3. THAT all rental proceeds from property known as Plot No.
…………………….. not known as Gecko Village and rental proceeds
from matrimonial home property situate at Mtwapa on L.R
No……………………………………… be shared equally between the
Respondent and the Petitioner until hearing and determination of this suit.
4. THAT Respondent be ordered to release the Motor Vehicle Registration
No………………………………. to the Applicant.
5. THAT the Respondent herein be restrained by himself, his servants
and/or in any way selling alienating disposing and/or in any other way
dealing with matrimonial property herein pending the hearing and
determination of this suit.
6. THAT costs of this application be provided for..
WHICH APPLICATION is supported by the annexed affidavit of SYBIL
YVONNE REGINA MUKONYO KISINGU and based on the following
grounds;-
a) THAT the Petitioner Applicant had earlier on filed suit under the
Married Woman’s Property Act seeking the division of the
matrimonial property.
b) THAT upon being served with the said suit, the Respondent has
now moved to deal with the matrimonial properties in a way as to
frustrate the outcome of the said suit and frustrate the Petitioner
herein.
c) THAT the matrimonial property the Petitioner claims and which is
subject to this suit were properties acquired solely by the
Petitioner.
d) THAT due ti the Petitioner’s absence form Mmbasa, the
Respondent as taken over .
e) THAT the Plaintiff is carrying out a bar and restaurant business on
the adjacent premises will suffer irreparable loss if the 1 st
Respondent constructs a perimeter wall on Plot number
Mombasa/Mwembelegeza/1473.
f) THAT there is a pending suit touching on the suit premises
ENVIRONMENT AND LAND CIVIL SUIT NO. 162 OF 2010,
IS-HAK YASIN MOHAMED = VS= KARAMA ABED AL
JABRY & 5 OTHERS which is still pending and it’s yet to be
determined.
g) THAT it is also necessary urgent temporary Injunction orders be
made so that the subject matter of the suit is not eroded or washed
away.
h) THAT in all the circumstances the orders prayed for are merited
and should be granted by the court.
DATED at Mombasa this ………. day of ………………… ………….……….
2017.
G. A. OKUMU & CO.
(ADVOCATES FOR THE PLAINTIFF )
DRAWN & FILED BY:-
G. A. OKUMU & CO.
ADVOCATES
T.S.S TOWER BUILDING, 5TH FLOOR
NKRUMAH ROAD
P.O BOX 17019 – 80100
MOMBASA.
TO BE SERVED UPON:-
IS-HAK YASIN MOHAMED
MOMBASA.
COUNTY GOVERNMENT OF MOMBASA
MOMBASA.
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT OF KENYA
AT MOMBASA
DIVORCE CAUSE NO…………OF 2017
REGINA MUKONYO ……………………………….…..PETITIONER
=VERSUS=
JOHN MIDDLETON………….…….….…….
…......RESPONDENTSUPPORTING AFFIDAVIT
I, GENOVEVA WANGARE MUGO of Post Office Box Number 89266 –
80100, Mombasa within the Republic of Kenya do hereby make oath and state
as follows;-
1. THAT I am a Director of the Defendant and have authority to swear this
affidavit hence competent to swear this affidavit.
2. THAT we are currently carrying on a bar and restaurant business on Plot
No. Mombasa/Mwembelegeza/1670 which is adjacent to Plot No.
Mombasa/ Mwembelgeza/1473 annexed hereto is copy of sketch or
development plan marked as “GWM- 1”.
3. THAT the due to the high numbers of customers and vehicular traffic we
needed a place for parking.
4. THAT we approached the then District Commissioner to allocate a
parking lot on the adjacent annexed hereto is a copy of my letter dated
21st December 2010 annexed and Marked as “GWM- 2”.
5. THAT on 6th January 2011 the then District Commissioner responded
and granted us a temporary license of occupation annexed hereto is a
copy marked as “GWM- 3”.
6. THAT as a result of the allocation we invested heavily by constructing
temporary structures and making it a parking yard.
7. THAT I am aware and verily belief that Plot No. Mombasa/
Mwembelegeza/1473 is a public utility land that was meant to be built a
Post Office, library and information centre as per copy of the register of
Plots in Mwembelegeza settlement scheme marked as “GWM- 4”.
8. THAT we have occupied the premises for more than Ten [10] years
without any interference.
9. THAT on 27th day of October, 2016 a group of people accompanied by
the 1st Respondent came to the premises with about Ten [10] cars and
started measuring the grounds in order to begin construction.
10.THAT again on 28th day of October, 2016 the same group came back into
the premises.
11.THAT I have not received any letter from the County Commissioner
terminating my temporary license of occupation.
12.THAT I have also not received any notice requiring me to vacate the
premises.
13.THAT I am also aware that the 1 st Respondent has filed a case
ENVIRONMENT AND LAND CIVIL SUIT NO. 162 OF 2010,
IS-HAK YASIN MOHAMED = VS= KARAMA ABED AL JABRY
& 5 OTHERS which is still pending in Court.
14.THAT I am aware of the facts of the above stated suit because I have
been enjoined as the 6th Defendant as a result of my occupation of Plot
No. Mombasa/Mwembelegeza/1473 and the 1st Respondent seeks for
vacant possession and mesne profits.
15.THAT in the aforestated suit the 1st Respondent is seeking for
cancellation of title Mwembelegeza/ 1626 and
Mombasa/Mwembelegeza/1627 registered in third parties names.
16.THAT the suit has not been heard and determined and is still pending in
Court.
17.THAT the 1st Respondent is very much aware of my occupation and has
stated so in his suit papers.
18.THAT I am informed that the 1 st Respondent intents to build a perimeter
wall on the premises and thereafter commence construction.
19.THAT I am aware that consents to construct can only be obtained from
the 2nd Respondent.
20.THAT if the 1st Respondent is allowed to construct the wall I will lose
my customers who will have no where to park.
21.THAT I run a commercial enterprises thereon and if I am locked out
without any notice my entire business will collapse as it is my only
source of livelihood as a widow.
22.THAT ultimately I will suffer irreparable loss and damages.
23.THAT I pray that the 1st Respondent be restrained by way of injunction
from entering, trespassing and/or constructing on Mombasa/
Mwembelegeza/1473 pending the hearing and determination of this
application.
THAT in the light of all the facts set out above, I make this affidavit in
support of my application the facts which are true according to my
personal knowledge save only matters of information and belief the
source and grounds whereof are set out hereinabove.
SWORN by the said
GENOVEVA WANGARE MUGO _______________________
DEPONENT
At Mombasa this…..………day of
…………………………2017
BEFORE ME
COMMISSIONER FOR OATHS
DRAWN & FILED BY:-
G. A. OKUMU & CO.
ADVOCATES
T.S.S TOWER BUILDING, 5TH FLOOR
NKRUMAH ROAD
P.O. BOX 17019- 80100
MOMBASA.
TO BE SERVED UPON:-
J. S. KABURU & CO.
ADVOCATES
MOMBASA TRADE CENTRE
NKRUMAH ROAD
P.O BOX 792- 80100
MOMBASA.
BALALA & ABEID
ADVOCATES
SHREE PLAZA, 4TH FLOOR
NYALI ROAD
P.O BOX 3201- 80100
MOMBASA.
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT OF KENYA
AT MOMBASA
DIVORCE CAUSE NO…………OF 2017
REGINA MUKONYO ……………………………….…..PETITIONER
=VERSUS=
JOHN MIDDLETON………….…….….…….…......RESPONDENT
PLAINTIFF’S WRITTEN STATEMENT
I, GENOVEVA WANGARE MUGO of Post Office Box Number 89266 –
80100, Mombasa within the Republic of Kenya do hereby make oath and
state as follows;-
I am a Director of KIHUBA HOLDING LIMITED. That the company runs a
bar and restaurant business on Plot No. Mwembelegeza/1670. That there
is an adjacent Plot Mombasa/ Mwembelegeza/1473. That I am aware that
it is a public utility land meant for the Post Office. That I applied for a
temporary license of occupation and was granted the same in 2010 by the
District Commissioner.
We have enjoyed quiet possession all along. I have not received any
notice requiring us to vacate the premises.
However on 27th day of October 2016, the contractor for the 1 st Defendant
arrived with about ten [10] motor vehicles some belonging to the County
Government of Mombasa and began taking measurements, while enjoying
the protections from the County Government. Today they came and my
security stopped them from entering.
We are apprehensive that if the premises are fenced our business shall
suffer immense loss as there will be no parking for our patrons. That is
why we pray that the 1st Defendant be stopped from entering and
construction on Plot No. Mombasa/Mwembelegeza/1473 as we still have a
temporary license of occupation in force.
That is all l wish to state.
DATED at Mombasa this…………………day of ………………………….2016.
SIGNED BY: __________________________
GENOVEVA WANGARE MUGO
DRAWN & FILED BY:-
G. A. OKUMU & CO.
ADVOCATES
T.S.S TOWER BUILDING, 5TH FLOOR
NKRUMAH ROAD
P.O. BOX 17019- 80100
MOMBASA.
TO BE SERVED UPON:-
IS-HAK YASIN MOHAMED
MOMBASA.
COUNTY GOVERNMEMT OF MOMBASA
MOMBASA.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
IN THE ENVIRONMENT AND LAND DIVISION
AT MOMBASA
LAND CASE NO. ……………..OF 2016
KIHUBA HOLDING LIMITED………………...…………..…….…..….
PLAINTIFF
=VERSUS=
IS-HAK YASIN MOHAMED………………….…………....……. 1ST
DEFENDANT
COUNTY GOVERNMENT OF MOMBASA………………… 2ND DEFENDANT
MULTI- TRACK
PLAINT
1. The Plaintiff is a Limited Company registered in Kenya and having
its Registered office and a place of business in Mombasa Care of
M/s G. A. OKUMU & CO. ADVOCATES, T.S.S TOWER
BUILDING, 5TH FLOOR, NKRUMAH ROAD, P. O. BOX 17019 –
80100, MOMBASA.
2. The 1st Defendant is a male adult of sound mind residing and/or
working for gain in Mombasa within the Republic of Kenya. [Service
of Summons shall be effected through the Plaintiff’s Advocates
office].
3. The 2nd Defendant is creature of the Constitution of Kenya 2010
pursuant to Article 235 thereto [Service of Summons shall be
effected through the Plaintiff’s Advocates office].
4. At all material times to this suit the Plaintiff is a tenant on
Mombasa/Mwembelegeza/1670 where it’s carrying on a business
of a bar and restaurant known as Railway Annex.
5. The Plaintiff obtained a temporary occupation license from then the
District Commissioner in respect of property known as
Mombasa/Mwembelegeza/1473 on 6th January 2011 which is
adjacent to their above stated business premises.
6. THAT as the result of the said allocation the Plaintiff has invested
heavily on the property known as Mombasa/Mwembelegeza/1473 by
constructing temporary structures and making the same a parking
yard for the customers frequenting their above stated business
premises.
7. The Plaintiff avers and maintains that the temporary occupation
license has not been terminated and neither have they been given
any notice of intention to terminate the same.
8. On the 27th day of October 2016 the 1 st Defendant together with
employees of the 2nd Defendant arrived on Plot No. Mombasa/
Mwembelegeza/1473 and started taking measurements.
9. The Plaintiff is informed the 1 st Defendant intends to build a
perimeter wall on the premises which does not belong to him.
10. The subject suit premises was reserved as public utility and that is
why the Plaintiff was only authorised to construct temporary
structures.
11. The Plaintiff avers it will suffer substantial loss, inconvenience and
damages if the 1st Defendant is allowed to enter and construct on
Plot No. Mombasa/ Mwembelegeza/1473.
12. The 2nd Defendant is in the meantime assisting the 1 st Defendant to
illegally enter into the suit premises known as Mombasa/
Mwembelegeza/1473.
13. By reasons of the matters aforesaid, the Plaintiff will be deprived of
the use and enjoyment of the suit premises and will suffer
irreparable loss and damage. The Plaintiff’s claim against the 1 st
Defendant is for orders of injunction to restrain the 1 st Defendant
from entering and constructing on Plot No.
Mombasa/Mwembelegeza/1473 and or evicting the Plaintiff from the
suit premises where it is currently carrying on with its business.
14. There is a pending suit ENVIRONMENT AND LAND CIVIL SUIT
NO. 162 OF 2010, IS-HAK YASIN MOHAMED = VS= KARAMA
ABED AL JABRY & 5 OTHERS touching on the same subject
matter.
15. The cause of action arose at Mombasa within the jurisdiction of this
court.
REASON WHEREOF the Plaintiff pray for judgement against the
defendant for;-
a) An order of injunction restraining the 1 st Defendant either by
himself, his agents or servants or otherwise howsoever from
entering, trespassing, constructing on and or evicting the Plaintiff or
otherwise entering upon or dealing with the suit premises known
as Mombasa/Mwembelegeza/1473.
b) A declaration that the Plaintiff is a bona fide licensee with a
temporary occupation license and is entitled to enjoy quiet
possession of Plot known as Mombasa/Mwembelegeza/1473.
c) Costs
DATED at Mombasa this ……………………. day of ………………….……….
2016.
G. A. OKUMU & CO.
(ADVOCATES FOR THE PLAINTIFF)
DRAWN & FILED BY:-
G. A. OKUMU & CO.
ADVOCATES
T.S.S TOWER BUILDING, 5TH FLOOR
NKRUMAH ROAD
P.O BOX 17019 – 80100
MOMBASA.
TO BE SERVED UPON:-
IS-HAK YASIN MOHAMED
MOMBASA.
COUNTY GOVERNMENT OF MOMBASA
MOMBASA.
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MOMBASA
LAND CASE NO. ……………..OF 2016
KIHUBA HOLDING LIMITED………………………...…..…….…..….
PLAINTIFF
=VERSUS=
IS-HAK YASIN MOHAMED ……………….…………....……. 1ST
DEFENDANT
COUNTY GOVERNMENT OF MOMBASA………………… 2ND DEFENDANT
PLAINTIFF’S LIST OF WITNESSES
1. Genoveva Wangare Mugo.
And Her statement as follows:-
DATED at Mombasa this ……………………. day of ………………….……….
2016.
G. A. OKUMU & CO.
(ADVOCATES FOR THE PLAINTIFF)
DRAWN & FILED BY:-
G. A. OKUMU & CO.
ADVOCATES
T.S.S TOWER BUILDING, 5TH FLOOR
NKRUMAH ROAD
P.O BOX 17019 – 80100
MOMBASA.
TO BE SERVED UPON:-
IS-HAK YASIN MOHAMED
MOMBASA.
COUNTY GOVERNMENT OF MOMBASA
MOMBASA.
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MOMBASA
LAND CASE NO. ……………..OF 2016
KIHUBA HOLDINGS LIMITED………………………..…….…..…. PLAINTIFF
=VERSUS=
IS-HAK YASIN MOHAMED………………….…………....……. 1ST
DEFENDANT
COUNTY GOVERNMENT OF MOMBASA………………… 2ND DEFENDANT
PLAINTIFF’S LIST OF DOCUMENTS
1. A copy of the letter dated 6/1/2011.
2. A copy of the letter dated 21/12/2010.
3. A sketch map of Mombasa/ Mwembelegeza / 1670 and 1473.
4. A copy of the register of Plots No. 1470 - 1504 Mombasa/
Mwembelegeza.
DATED at Mombasa this ……………………. day of ………………….……….
2016.
G. A. OKUMU & CO.
(ADVOCATES FOR THE PLAINTIFF)
DRAWN & FILED BY:-
G. A. OKUMU & CO.
ADVOCATES
T.S.S TOWER BUILDING, 5TH FLOOR
NKRUMAH ROAD
P.O BOX 17019 – 80100
MOMBASA.
TO BE SERVED UPON:-
IS-HAK YASIN MOHAMED
MOMBASA.
COUNTY GOVERNMENT OF MOMBASA
MOMBASA.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
IN THE ENVIRONMENT AND LAND DIVISION
AT MOMBASA
LAND CASE NO. ……………..OF 2016
KIHUBA HOLDINGS LIMITED……………………….…..…….…..….
PLAINTIFF
=VERSUS=
IS-HAK YASIN MOHAMED………………….…………....……. 1ST
DEFENDANT
COUNTY GOVERNMENT OF MOMBASA……….………… 2ND
DEFENDANT
VERIFYING AFFIDAVIT
I, GENOVEVA WANGARE MUGO of P. O. Box 89266 – 80100, Mombasa
in the Republic of Kenya do hereby make oath and state as follows:-
1. THAT I am a Director of the Plaintiff company herein thus competent
to swear this affidavit.
2. THAT we confirm we have appointed the firm of G. A. OKUMU & CO.
ADVOCATES to act for us in this case.
3. THAT we have read and understood the averments in the plaint filed in
the above matter and state that the facts and the averments are
correct to our knowledge.
4. THAT there is no case pending and there are no previous proceedings
in any court between us and the Defendants in respect of the cause of
action herein.
5. THAT what is herein above stated is true and correct to the best of my
knowledge, information and belief.
SWORN by the said }
GENOVEVA WANGARE MUGO …………………….
}
At Mombasa this …….day }
of…………………....2016 }
}
BEFORE ME }
}
}
}
COMMISSIONER FOR OATHS
DRAWN & FILED BY:-
G. A. OKUMU & CO.
ADVOCATES
T.S.S TOWER BUILDING, 5TH FLOOR
NKRUMAH ROAD
P.O BOX 17019- 8010
MOMBASA.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
IN THE ENVIRONMENT AND LAND DIVISION
AT MOMBASA
LAND CASE NO. ……………..OF 2016
KIHUBA HOLDING LIMITED……………………...……..…….…..….
PLAINTIFF
=VERSUS=
IS-HAK YASIN MOHAMED………………….…………....……. 1ST
DEFENDANT
COUNTY GOVERNMENT OF MOMBASA………….……… 2ND
DEFENDANT
IN COURT ON 31ST OCTOBER, 2016
(BEFORE HONOURABLE LADY JUSTICE A. OMOLLO)
ORDER
UPON HEARING the Notice of Motion dated 31 st October 2016 brought
Under Order 40 Rule 1, 2 and 3 of the Civil Procedure and all other
enabling Provisions of Law and the Inherent Jurisdiction of the Court
brought under Certificate of Urgency AND UPON READING the Affidavit
in support thereon sworn by GENOVEVA WANGARE MUGO sworn on
31st October, 2016.
IT IS HEREBY ORDERED:-
1. THAT this matter is certified as urgent.
2. THAT pending the hearing of this application inter– parties, a
temporary injunction restraining the 1st Defendant from entering,
trespassing, constructing on and/or evicting the Plaintiff from the
suit premises known as Mombasa/ Mwembelegeza/1473 and/or in
any way interfering with the peaceful occupation either by himself,
through his agents or servants and or employees is issued pending
the hearing of this application.
3. THAT the application be heard inter parties on 1st day of
December, 2016.
GIVEN under my Hand and the Seal of this Court this 31st day of October
2016.
-----------------------------------------
DEPUTY REGISTRAR
HIGH COURT OF KENYA
MOMBASA
ISSUED at Mombasa this……………….…day of……………………………..
2016.
PENAL NOTICE
“If any party served with this order and fails to comply with the same, they shall
be cited for Contempt of Court”.
