Mburu & 7 others v Zucchini Holdings Limited & 2 others; Equity Bank Limited (Interested Party) [2023] KEELC 17046 (KLR) | Case Management | Esheria

Mburu & 7 others v Zucchini Holdings Limited & 2 others; Equity Bank Limited (Interested Party) [2023] KEELC 17046 (KLR)

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Mburu & 7 others v Zucchini Holdings Limited & 2 others; Equity Bank Limited (Interested Party) (Environment & Land Case 91 of 2019) [2023] KEELC 17046 (KLR) (20 April 2023) (Ruling)

Neutral citation: [2023] KEELC 17046 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 91 of 2019

LN Mbugua, J

April 20, 2023

Between

Francis Ngugi Mburu

1st Plaintiff

Nyameya Iries Abuya

2nd Plaintiff

Juliamwaniki Waititi

3rd Plaintiff

Dominic Muindi Muya

4th Plaintiff

Esther Wangui Kamau

5th Plaintiff

Teresiah Wangui Kamau

6th Plaintiff

Silas Ondicho Manu

7th Plaintiff

Geoffrey Mwaura Kaigai

8th Plaintiff

and

Zucchini Holdings Limited

1st Defendant

Minto Trevels Limited

2nd Defendant

Nerifa Holdings Limited

3rd Defendant

and

Equity Bank Limited

Interested Party

Ruling

1. I have perused the record. I find that on 6. 10. 2022, the Court gave specific directions on how the suit was to be prosecuted. On 17. 4.2023, Mr Munge for 3rd Defendant made an oral application averring that there are many suits pending touching on same subject matter and the court should give directions that only one suit should proceed.

2. In his arguments, Mr Munge made references to their replying affidavit dated 11. 4.2023. That document has been challenged by Plaintiff’s advocates (Mr Amaiyo) on the basis that the suit is undefended.

3. In order to have a clear picture of the nature of litigation history and also to gauge the nature and extent of compliance with the directions given on 6. 10. 2022, I deem it fit to give the following orders;1. The Defendant is directed to file a formal application detailing the issues raised on 17. 4.2013 within 14 days (by 4. 5.2023)2. The Plaintiffs are directed to avail hard copies of both the amended originating summons as well as the Affidavit of Service of the said pleadings by 4. 5.2023.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20TH DAY OF APRIL, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Opole holding brief for Munge for 3rd Defendant2nd PlaintiffCourt assistant Joan