Henry Nzioka Mulli v Matungulu Farmers Co. Ltd, Francis Munuve Kasyi & Edmond Kombo [2016] KEHC 7543 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

ENVIRONMENT AND LAND COURT

ELC. CASE  NO. 160 OF 2013

HENRY NZIOKA MULLI………………………….….........PLAINTIFF

VERSUS

MATUNGULU FARMERS CO. LTD. ……….….....1ST  DEFENDANT

FRANCIS MUNUVE KASYI…..………..…...…....2ND   DEFENDANT

EDMOND KOMBO……………….………....…...3RD    DEFENDANT

RULING

I have studied Notice of Motion dated 31/1/2013 and the Notice of Preliminary Objection dated 10/6/2013.  I have further studied the Replying Affidavits filed by the Defendants and the further Affidavit filed by the Plaintiff/Applicant and do order as follows:

1. The Notice of Motion dated 31/1/2013 and Preliminary Objection dated 10/6/2013 be deemed as dispensed with as follows:

That the interim orders hereby issued to the Plaintiff/Applicant be and are hereby confirmed to remain in force until this suit is fully heard and determined.

2. That a date for the pre-trial conference be given in order to pave way for the main hearing of this suit.

It is so ordered.

DELIVERED AND SIGNED AT NAIROBI THIS 11TH   DAY OF MARCH  2016.

MARY M. GITUMBI

JUDGE