Grace Wanjiru Mbwika, Joseph Limba & Catherine M Muthengi v Savyon Holdings Limited & 3 others [2018] KEELC 3190 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

MILIMANI LAW COURTS

ELC APPEAL NO.1104 OF 2014

GRACE WANJIRU MBWIKA

JOSEPH LIMBA

CATHERINE M MUTHENGI (All suing on behalf of the following)

ROSEMARY WANGARI MURITU & 5 OTHERS

(All being part of the purchasers of that subdivision of

LR No.KAJIADO/KAPUTIEI NORTH 9325 & 3931 (Respectively).............PLAINTIFFS

VERSUS

SAVYON HOLDINGS LTD & 3 OTHERS....................................................DEFENDANTS

RULING

1. This is a ruling in respect of an exparte notice of motion filed on 14th August 2014. The application sought leave of Court to bring a representative suit and extension of time within which to file such suit. It is unfortunate that this application has remained without a decision on the same for over 4 years.

2. The applicants are granted leave to bring a suit as a representative suit. The time for filing such suit is extended and if the defendants wish to oppose grant of extension of time, they are at liberty to oppose the same during the hearing of the suit. If there is no possibility of effecting individual service, leave is granted to applicant to serve notice of the case by advertisement in a newspaper with national circulation.

3. As the suit property is situate in Kajiado within the jurisdiction of Kajiado Environment and Land Court, an order is hereby made transferring this case to Kajiado ELC Court for hearing and determination. Costs in the cause.

It is so ordered

Dated, Signed and delivered at Nairobion this 17thday of May 2018.

E.O.OBAGA

JUDGE

In the absence of:-

M/s Maloba for M/s Njogu applicant

Court Assistant: Hilda

E.O.OBAGA

JUDGE