Allan Mburu Murua v Mburu Kimani & Nancy Njeri Mburu [2017] KEELC 3060 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

MILIMANI LAW COURTS

ELC. CASE NO. 1043  OF 2015

ALLAN MBURU  MURUA…………….…........………….. 1ST PLAINTIFF

VERSUS

MBURU KIMANI…………………….………..……….. 1ST  DEFENDANT

NANCY NJERI MBURU…………………....…………..2ND DEFENDANT

RULING

I have considered Notice of Motion dated 21st October 2015 and 8th February 2016 both filed by the Plaintiff.  I have also considered the Defendants further Replying Affidavit sworn on 18th February 2016 and Replying Affidavit sworn on 18th February 2016 and do hereby order that prayer No. 2 of Notice of Motion dated 8th February 2016 be allowed. The remaining prayers therein are declined.  Notice of motion dated 21st October 2015 is also dismissed.

Costs in the cause.

A Pre-trial conference shall be held before the Deputy Registrar, Environment and Land Court (ELC) on 13th April 2017.  The Plaintiff to serve the Defendants.

DELIVERED, DATED AND SIGNED AT NAIROBI THIS 24THDAY OF MARCH  2017.

MARY M. GITUMBI

JUDGE