Muchori & 29 others v NCBA Bank Kenya PLC & another [2023] KEELC 15803 (KLR)

Muchori & 29 others v NCBA Bank Kenya PLC & another (Environment & Land Case E112 of 2022) [2023] KEELC 15803 (KLR) (23 February 2023) (Directions)

Neutral citation: [2023] KEELC 15803 (KLR)

Republic of Kenya

In the Environment and Land Court at Thika

Environment & Land Case E112 of 2022

JG Kemei, J

February 23, 2023

IN THE MATTER OF LAND REFERENCE NO 10823/5793 (Original No 10823/53/1 AT JUJA AND IN THE MATTER OF STATUTORY NOTICE ATO SELL UNDER SECTION 96(2) OF THE LAND ACT, 2012 IN RESPECT OF REPLACEMENT LEGAL CHARGE OVER LAND REFERENCE ORIGINAL NUMBER 10823/5793 IN THE NAME OF YES HOUSING, CO-OPERATIVE SOCIETY LIMITED (BORROWER) DATED 24TH AUGUST, 2022

Between

Stephen Maina Muchori

1st Plaintiff

Catherine Machira

2nd Plaintiff

Paul Kimata

3rd Plaintiff

Inno Odira

4th Plaintiff

Elizabeth Wangeci

5th Plaintiff

Thamani Mwanudu

6th Plaintiff

Zawadi N. Wesonga

7th Plaintiff

Solomon Kahoro

8th Plaintiff

Peterson Mwai

9th Plaintiff

Bedan M Kariuki

10th Plaintiff

Alvin Ndutha

11th Plaintiff

Winnie Wagithi Mwai

12th Plaintiff

Peter Waithaka Kihara

13th Plaintiff

Richard Were

14th Plaintiff

John Muchiri Njogu

15th Plaintiff

Nala Investment Group

16th Plaintiff

John Kimani

17th Plaintiff

Devis Ongubo

18th Plaintiff

Teresiah Thuo

19th Plaintiff

Marystella Njeri

20th Plaintiff

Newton Mwangi

21st Plaintiff

Edward Opil

22nd Plaintiff

Ellyn Nyambura

23rd Plaintiff

Gilbert Ng’etich

24th Plaintiff

Ricky Mbogo

25th Plaintiff

Peris Waitherero

26th Plaintiff

Sellah Muyala

27th Plaintiff

Gilbert Ng’etich

28th Plaintiff

Arthur Kinyanjui

29th Plaintiff

Ricky Mbogo Muriithi

30th Plaintiff

and

NCBA Bank Kenya PLC

1st Defendant

Yes Housing Sacco

2nd Defendant

Directions

1. This matter came up on the October 19, 2022 when the court directed the parties to address it on the issue of Jurisdiction. The parties elected to file written submissions.

2. I note from the record that the parties failed to comply with the directions of the court nor file written submissions. On perusal of the matter, I note that it involves charges and mortgages and going by the court of Appeal decision in Co-operative Bank of Kenya Limitedvs.Patrick Kangethe Njuguna & 5others[2017]eKLR. I direct that the file be transferred to the High Court Kiambu for hearing and determination.

DELIVERED, DATED AND SIGNED AT THIKA THIS 23RDDAY OF FEBRUARY, 2023 VIA MICROSOFT TEAMS.J G KEMEIJUDGEDelivered online in the presence of;Mogaka for 1st – 30th Plaintiffs/ApplicantsKiprotich HB Ms. Kiima for 1st Defendant/Respondent2nd Defendant/Respondent – AbsentCourt Assistants – Esther / Kevin