Kariobangi Sewage Farmers Self Help Group v Nairobi City Council,Merab Anyango Poche & Kariobangi North Light Industries Jua Kali Association [2019] KEELC 2255 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NAIROBI

ELC CIVIL CASE NO. 1680 OF 1999

KARIOBANGI SEWAGE FARMERS SELF HELP GROUP...........PLAINTIFF

=VERSUS=

NAIROBI CITY COUNCIL.......................................................1ST DEFENDANT

MERAB ANYANGO POCHE...................................................2ND DEFENDANT

KARIOBANGI NORTH LIGHT INDUSTRIES

JUA KALI ASSOCIATION.......................................................3RD DEFENDANT

RULING

1. I have gone through the court record.  The same is clear.  On the 18th December 2018, Mrs. Gulenywa for the plaintiff sought summons to be issued to the Chief Officer Lands, Nairobi City County to attend court to produce some records.        Mr. Rigoro for Odhiambo for the 1st defendant and Mr. Wafula for the 3rd defendant were present.  They told the court they had no objection to the issuance of the said sum`ons.  The court then issued summons to the said Chief Officer Lands.  He has come to court with records pertaining to the current status of the suit property.

2. It should be noted that this suit was filed in 1999.  A lot has happened since then. The court needs to be informed of the current status of the suit property before making final orders.

3. It is in the interest of justice that I allow the witness to produce the documents.   Mr. Wafula has not told the court how this will prejudice his client.  I find no merit in this objection and the same is dismissed.

It is so ordered.

Dated, signed and delivered in Nairobi on this 4TH day of JULY 2019.

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

L. KOMINGOI

JUDGE

In the presence of:-

Mrs

Gulenywa advocate for the Plaintiff

Mr. Odhiambo advocate for the 1st Defendant

Mr. Wafula advocate for the 3rd defendant

Kajuju - Court Assistant