BERNARD ONDIEKI MOSETI & 5 OTHERS V CHENGDU GUANGLING KENYA COMPANYLIMITED & ANOTHER [2012] KEHC 5928 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURT

Environmental & Land Case 512 of 2011

BERNARD ONDIEKI MOSETI……...………..1ST PLAINTIFF/RESPONDENT

JOAN ANGELA NUMA……………………….2ND PLAINTIFF/RESPONDENT

JAMES GICHUK..……….....………..INTENDED 3RD PLAINTIFF/APPLICANT

ALBERT OTIENO……….....…………INTENDED 4TH PLAINTIFF/APPLICANT

WYCLIFF OLUOCH…….....…................................………INTENDED 5TH PLAINTIFF/APPLICANT

LUCY WAMBUI KAMAU…........................................……INTENDED 6TH PLAINTIFF/APPLICANT

VERSUS

CHENGDU GUANGLINGKENYA COMPANY LIMITED……..….……1ST DEFENDANT/RESPONDENT

CITY COUNCIL OF NAIROBI…….......................................………2ND DEFENDANT/RESPONDENT

RULING

Before me is the application dated 31/5/12 filed by the intended 3rd, 4th and 6th plaintiff. The application was served on the respondent and none of them filed any document in opposition. The intended plaintiffs have in their supporting affidavit filed by James Gichuki explained the reasons they want to be enjoined. They have valid reasons being persons with apartments  in the premises that is the subject of this suit. I find that their application has merit.

I therefore grant prayers No. 2 and 3 of the application dated 31/5/12. Costs shall be in the cause.

Dated, signed and delivered this 5thday of October 2012

R. OUGO

JUDGE

In the Presence of:-

………………………………………For the Applicants

……………………………………..For the Respondents

Kabiru..............................................Court Clerk