Joel Ngatiari v Madris Kere Njue & Joseph Gitau [2017] KEELC 2935 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

MILIMANI LAW COURTS

ELC. CASE NO. 1308 OF 2014

JOEL NGATIARI.……………………………….……….1ST PLAINTIFF

VERSUS

MADRIS KERE NJUE…….…………………………..1ST DEFENDANT

JOSEPH GITAU………………………….…………...2ND DEFENDANT

RULING

I have considered the Plaintiff’s Notice of Motion dated 8th October 2014 and the Supporting Affidavit.  I have also considered the 1st Defendants Replying Affidavit sworn on 22nd January 2015.

I direct that the parties do maintain the status quo currently prevailing on the suit property pending the hearing and determination of this suit.  Notice of Motion dated 8th October 2014 is hereby dismissed.  Costs in the Cause.  A pre-trial conference shall be held on 12th April 2017 before the Deputy Registrar in order to pave way to the full hearing of this suit.

The Plaintiff to serve the Defendants.

DELIVERED, DATED AND SIGNED AT NAIROBI THIS 24TH DAY OF MARCH 2017.

MARY M. GITUMBI

JUDGE

In the presence of;

Mr. Kithinji holding brief for Mr. Marete for the Plaintiff

No appearance for the Defendant