Copana Limited v Kisumu City Board, County Government of Kisumu & Raol Investment [2021] KEELC 3220 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KISUMU

ELC CASE NO. 10 OF 2021

COPANA LIMITED.................................................................PLAINTIFF

-VERSUS-

KISUMU CITY BOARD...............................................1ST DEFENDANT

COUNTY GOVERNMENT OF KISUMU.................2ND DEFENDANT

RAOL INVESTMENT................................................3RD DEFENDANT

RULING

This matter came for hearing on 11/02/2021 in the presence of Mr. Odeny learned counsel for Plaintiff and M/s Awuor learned counsel for the 1st and 2nd Defendants. The court ordered that the respondents do file and serve the replying affidavit within 14 days. I have not seen the same and therefore I do find that the allegation by the plaintiff in the notice of motion dated 8/2/2021 are not controverted. I do find that the plaintiff has demonstrated that he has a prima facie case with a likelihood of success as he is the registered proprietor of the suit land. Moreover, if the structures on the suit land are destroyed, the plaintiff will suffer irreparable damage. I do grant prayers 4 and 5 of the notice of motion dated 8/2/2021. Costs in the cause.

Orders accordingly.

DATED AT KISUMU THIS 13TH DAY OF MAY, 2021

ANTONY OMBWAYO

JUDGE

This Ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15th March 2019.

ANTONY OMBWAYO

JUDGE