NANGA KIHOTO/NAIVASHA LTD, PHARIS MBURU NGUGI, BENJAMIN N. KINUTHIA, KAMAU KARIUKI GICHERU, NJOROGE KINYANJUI & HARUN KIMANI v GABRIEL KABURU KAGUNYA, DAVID WAWERU NGANGA, JOSEPH KARA, KAHINGA GAKERE, JAMES MWANGI KARANJA, ELIJAH MWENDA & FRANC [2008] KEHC 1904 (KLR)
Full Case Text
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Civil Suit 250 of 2007
NANGA KIHOTO/NAIVASHA LTD ……………………..1ST PLAINTIFF
PHARIS MBURU NGUGI…………………………………2ND PLAINTIFF
BENJAMIN N. KINUTHIA………………………………...3RD PLAINTIFF
KAMAU KARIUKI…………………………………………4TH PLAINTIFF
DANIEL MWANGI KANGETHE………………………….5TH PLAINTIFF
KURIA GICHERU………………………………….............6TH PLAINTIFF
NJOROGE KINYANJUI……………………………………7TH PLAINTIFF
HARUN KIMANI…......……………………………………..8TH PLAINTIFF
VERSUS
GABRIEL KABURU KAGUNYA………………………1ST DEFENDANT
DAVID WAWERU NGANGA…………………..............2ND DEFENDANT
JOSEPH KARA…………………………………………..3RD DEFENDANT
KAHINGA GAKERE…….…………………………….....4TH DEFENDANT
JAMES MWANGI KARANJA……….…………………..5TH DEFENDANT
ELIJAH MWENDA………………….……………………6TH DEFENDANT
FRANCIS KIGURU MWAURA……….………………...7TH DEFENDANT
RULING & ORDER
I have heard counsel for both the applicant and the Respondent in the Notice of Motion dated 28th July 2008. Not being satisfied, prima facie, why the Court should go against its previous orders I refuse to alter the same. There is no valid reason why the Applicants should continue holding onto the items ordered to be released to the Respondents. They should comply with the order forthwith. Should the applicants find that they have a genuine claim against the Respondents there is nothing to prevent them from moving the court on their own motion. I refuse to grant leave to file any further papers being of the view that the matter is being protracted unnecessarily.
Considering the facts of the case and on the strength of my Ruling of 24th July 2008 and the orders made therein, which have not been satisfactorily challenged, I dismiss the application with costs to the Respondents.
Dated at Nakuru this 6th day of August 2008
M. G. MUGO
JUDGE