LUCY WAITHERA MWANGI & TWO OTHERS V STEPHEN KIMANGA & FIVE OTHERS [2009] KEHC 2407 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)

Civil Suit 454 of 2008

LUCY WAITHERA MWANGI & TWO OTHERS…....……PLAINTIFF

VERSUS

STEPHEN KIMANGA & FIVE OTHERS .……………DEFENDANT

DIRECTIONS

An application by way of Notice of Motion dated 3rd March, 2009 was brought to me as a vacation Judge.  Upon perusal of the court file I find another mater with striking similarities was handled by my sister Khaminwa J and a ruling was delivered on 31st July, 2009.  For the sake of consistency and to avoid a possibility of issuing contradicting orders, I hereby direct the Notice of Motion dated 3rd August, 2009 be placed before Khaminwa J on 16th September, 2009 for directions.

Meanwhile there will be a temporary stay of the release of the award by the Commissioner of Lands until the 16/09/09.

It is so ordered.

Dated 21st August, 2009.

M. K. KOOME

JUDGE