De Masi (The Administrator of the Estate of Dominico De Masi ) v Alice Njeri Kirima, Anne Wangari Kirima, James Njiguna Kirima & (Being Sued as Court–Appointed Administrators, Trustees or Signatories of the Estate of Gerishon Kamau Kirima, Deceased) & 5 others [2023] KEELC 22337 (KLR)

De Masi (The Administrator of the Estate of Dominico De Masi ) v Alice Njeri Kirima, Anne Wangari Kirima, James Njiguna Kirima & (Being Sued as Court–Appointed Administrators, Trustees or Signatories of the Estate of Gerishon Kamau Kirima, Deceased) & 5 others (Environment & Land Case E187 of 2023) [2023] KEELC 22337 (KLR) (20 December 2023) (Ruling)

Neutral citation: [2023] KEELC 22337 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case E187 of 2023

LN Mbugua, J

December 20, 2023

Between

Bernado Vicezo De Masi (The Administrator of the Estate of Dominico De Masi )

Plaintiff

and

Alice Njeri Kirima, Anne Wangari Kirima, James Njiguna Kirima & (Being Sued as Court–Appointed Administrators, Trustees or Signatories of the Estate of Gerishon Kamau Kirima, Deceased)

1st Defendant

John Garishon Kirima

2nd Defendant

The Chief Lands Registrar

3rd Defendant

Ministry of Lands & Housing

4th Defendant

Directorate of Criminal Investigations

5th Defendant

County Government of Nairobi

6th Defendant

Ruling

1. This ruling relates to the prayers for conservatory orders sought in the application dated 12. 11. 2023 (prayer no 2). I have considered the arguments for and against issuance of the said orders.

2. This matter is at the infancy stage and the orders sought will certainly impact on the judgment delivered in case no 1257/14 on 23. 10. 2023 by a court of concurrent jurisdiction with this court.

3. I also find that the issue as to whether the proper persons have been sued relating to the estate of Kirima has been raised. This court is yet to be availed with the correct particulars regarding that issue.

4. As to the issue raised by the interested party, it is noted that the court is yet to see the nature and extent of their claim in so far as this suit is concerned. It is only after pleadings are filed can the court be well appraised of the claims of the different parties. At this stage the court declines to grant any interim orders.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20TH DAY OF DECEMBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Gwandaru for Plaintiff ApplicantNyamu for Alice NjeriMiss Ochieng holding brief for Mr. Takor for 2nd Respondent (John)Kiima for the CountyCourt Assistant: Eddel