CECILLIA KITHINJI & 22 OTHERS v COUNTY COUNCIL OF MERU & 15 OTHERS [2011] KEHC 800 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

HCCC NO. 112 OF 1999

LESIIT J.

CECILLIA KITHINJI & 22 OTHERS……………….................…….PLAINTIFF/APPLICANT

VERSUS

COUNTY COUNCIL OF MERU & 15 OTHERS ……....……..DEFENDANT/RESPONDENT

RULING.

The application is a chamber summons dated 25th August, 2010 brought under Rules 3(2) of the High Court Vacation Practice Rules and under section 3, 3A of the Civil Procedure Act and Order 21 Rule 22(1) of the Civil Procedure Rule. It seeks the following orders:

1. That this Honourable Court to certify this application as urgent and that since of the same be dispensed with in the first instance

2. That this Honourable Court be pleased to grant an order staying execution of the Ruling of this court dated 13th March, 2009 which ruling dismissed the Plaintiffs’ case for want of prosecution pending the hearing and determination of the application dated 3rd June, 2010.

3. That costs of this application be provided for.

The application is premised on the following grounds:

(a) That the 14th August, 2010 attempted to evict the Applicant from Plot No. Meru Municipality/Block 11/732 the subject of this suit.

(b)That the above said eviction is being carried out pursuant to the Ruling of this court delivered on the 13th March, 2009.

(c)That the applicants having been aggrieved by the same ruling has already filed an application to set the same aside dated 3rd June, 2010 and which is still pending in court for hearing.

(d)That the execution of the instant suit is immense and will render the application dated 3rd June, 2010 nugatory.

(e)That the intended eviction is illegal

1. That the order of this court dated 23rd March, 2009 dismissing the Plaintiffs suit be and is hereby set aside.

2. The court hereby restores the plaintiff’s case for hearing.

3. The plaintiff to pay thrown away costs to defendants to be shared equally among the plaintiffs.

4. The plaintiffs have 90 days from today to set down the suit for hearing in default of which the suit will stand dismissed.Those are my orders

DATED, SIGNED AND DELIVERED THIS 24TH DAY OF NOVEMBER, 2011

J. LESIIT

JUDGE