Aziz Ndamwe Wakoli v Edith Nafula Mukonambi, Habib Salim Ndamwe (Sued as Legal Representative of the Estate of Salim Ndamwe), Mary Ptikeny, Samson N. Lokurusa, Reuben K. Chepkwony, Jackson Plimo Ngolekong, Thomas Lokeer, Jackson Parng’eting Munoki, Petero Mnangat & Julius C. Koringura [2020] KEELC 429 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT KITALE

LAND CASE NO. 54 OF 1999

AZIZ NDAMWE WAKOLI...........................................PLAINTIFF

VERSUS

EDITH NAFULA MUKONAMBI......................1ST DEFENDANT

HABIB SALIM NDAMWE................................2ND DEFENDANT

(Sued as Legal Representative of the Estate of SALIM NDAMWE

MARY PTIKENY.................................................3RD DEFENDANT

SAMSON N. LOKURUSA..................................4TH DEFENDANT

REUBEN K. CHEPKWONY..............................5TH DEFENDANT

JACKSON PLIMO NGOLEKONG..................6TH DEFENDANT

THOMAS LOKEER............................................7TH DEFENDANT

JACKSON PARNG’ETING MUNOKI.............8TH DEFENDANT

PETERO MNANGAT..........................................9TH DEFENDANT

JULIUS C. KORINGURA.................................10TH DEFENDANT

RULING

1. The application dated 21/10/2020and filed in court on 22/10/2020, has been bought under Section 1,1A, 1B, 3, 3A and 63(e)of the Civil Procedure Act andOrder 8 Rules 3, 5and7, Order 40 Rule 1 and 3and Order 51 Rule 1of theCivil Procedure Rules, Article 159of theConstitutionofKenya.The plaintiff seeks the following orders:-

(a)…spent

(b)…spent

(c)The defendants/respondents and/or their agents and/or servants and/or employees and/or anyone acting under their authority and/or instructions and also all the proposed defendants/respondents and/or their agents and/or servants and/or employees and/or anyone acting under their authority and/or instructions be and are hereby restrained by means of temporary injunction from selling and/or charging and/or subdividing and/or constructing anything and/or developing and/or doing anything against the interest of the plaintiff/applicant and/or change the character of the case and/or the suit land known as pending the hearing and final determination of the main suit.

(b) The costs be provided for.

2. The application is supported by the affidavits sworn by the plaintiff on 21/10/2020.

3. The court granted the parties a hearing date, that is 17/11/2020 but neither the applicants nor the respondents appeared before court.  Since the application is unopposed, I hereby grant it in terms of prayer No. 3.

It is so ordered.

Dated, signedanddeliveredatKitale via electronic mail on this 1st day of December, 2020.

MWANGI NJOROGE

JUDGE, ELC, KITALE