Kamuthi Farmers Co-operative Society Ltd v Nairobi City County; Sarah Waithera Njuguna & 18 others (Interested Parties) [2021] KEELC 2706 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

ELC NO. 6898 OF 1991

KAMUTHI FARMERS CO-OPERATIVE

SOCIETY LTD..........................................................................................PLAINTIFF

AND

NAIROBI CITY COUNTY....................................................................DEFENDANT

AND

SARAH WAITHERA NJUGUNA & 18 OTHERS.................INTERESTED PARTIES

DIRECTIONS

1. I have considered the Notice of Motion dated 5th March 2021 together with the response thereof.

2. I have gone through the court record.  On the 8th November 2018, Mrs. Maina for the defendant stated:-

“ I would like to make an oral amendment that 54. 5 acres do refer to LR NO 71/7/1 and the sewer 21. 97 acres do refer to LR No 71/7/10”.

Mr. Emanneul Washe: No objection.

Court: The oral amendment is allowed.”

3. It appears this was not captured in the decree.  It is an error that can be rectified.  There is no serious opposition to the application.  I hereby allow the Notice of Motion dated 5th March 2021 in terms of prayer No 1 and 2.  Costs be in the cause

It is so ordered.

DATED, SIGNED AND DELIVERED IN NAIROBI ON THIS 24TH DAY OF JUNE 2021.

.................................

L. KOMINGOI

JUDGE

In the presence of:-

Mr. Ochwo for the Plaintiff

Ms Muthoni for Mrs. Maina for the Defendant

No appearance for the Interested Parties

Phyllis – Court Assistant