Nabakhwanafarmers Cooperative Society Ltd v Lois Holdings Limited & Estate of Jason Kiamba Kimbui [2021] KEELC 3439 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT KITALE

ELC LAND CASE NO. 14 OF 2021

NABAKHWANAFARMERS COOPERATIVE SOCIETY LTD...PLAINTIFF

VERSUS

LOIS HOLDINGS LIMITED............................................1ST DEFENDANT

ESTATE OF JASON KIAMBA KIMBUI..........................2ND DEFENDANT

RULING

1. The notice of motion application dated 26/2/2021 and filed by the plaintiff in this suit in court on 1/3/2021seeks a temporary injunction restraining the defendants from evicting the plaintiff’s members from LR No 6485and5335/2 until the hearing and final determination of the suit.

2. The defendants entered appearance and filed defence through the firm of Kiarie & Co Advocates but did not respond to the application. The application is therefore unopposed.

3. I therefore grant the application as prayed in prayer nos (c)and(d) thereof.

4. The parties shall comply with the rules by filing and serving each other with the bundles of documents they rely on. The plaintiff shall comply within 14 daysand the defendants within 14 daysfrom the last date service of the plaintiff’s documents is due. The suit shall be mentioned on the 7/6/2021 by way of teleconference for fixing a hearing date.

Dated, signedanddeliveredatKitale via electronic mail on this 5thday of May, 2021.

MWANGI NJOROGE

JUDGE, ELC, KITALE.