Rosemary Wanjira Gathigira v Clement Munyiri Gachanja,Joseph Mwangi Mangeka ,Gerald Nganga Kimani ,Jeremiah Joseph Kimani & Joseph Erasmus Kimani [2014] KEHC 3610 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KERUGOYA

ELC  CASE NO. 303 OF 2013

ROSEMARY WANJIRA GATHIGIRA ……………………. PLAINTIFF

VERSUS

CLEMENT MUNYIRI GACHANJA                        )

JOSEPH MWANGI MANGEKA                                  )

GERALD NGANGA KIMANI                      )      DEFENDANTS

JEREMIAH JOSEPH KIMANI                     )

JOSEPH  ERASMUS KIMANI                        )

RULING

This is in respect to the plaintiff/applicant’s Notice of Motion dated 3rd March 2014 seeking the following orders:-

That a default judgment be entered against the 2nd defendant who has failed to appear or file any defence

That the 1st defendant’s statement of defence dated 13th June 2013 be struck out as it is otherwise an abuse of the Court process

That judgment be entered for the plaintiff as prayed in the plaint dated 8th March 2013 as per the admissions contained in the 3rd, 4th and 5th defendants’ statement of defence dated 11th July 2013.

That costs of the application and the suit be borne by the 1st and 2nd defendants.

The application was grounded on the grounds set out therein and supported by the applicant’s affidavit dated 3rd March 2014.

When the said application came up for hearing before me today, Mr. Muchira appeared for the plaintiff/applicant while Mr.Kimathi appeared for the 3rd, 4th and 5th defendants.   Mr. Kimani for 1st defendant did not appear though served.   The 2nd defendant has not entered any appearance or filed a defence.   As the said application was not opposed, Mr. Muchira urged me to grant the orders therein.

Mr. Kimathi did not oppose the application saying his clients were victims of fraud.

I have considered the application.   It is not opposed.

I therefore allow the same and grant the orders sought by the plaintiff/applicant in her Notice of Motion dated 3rd March 2014.  The costs of the application and the suit shall be borne by the 1st and 2nd defendants.

It is so ordered.

B.N. OLAO

JUDGE

2ND JULY 2014

Ruling delivered in open Court this 2nd day of July 2014 soon after the hearing.

Mr. Muchira  for plaintiff/applicant present

Mr. Kimani for 1st defendant absent (served)

Mr. Kimathi for 3rd, 4th and 5th defendants present

2nd defendant absent.

B.N. OLAO

JUDGE

2ND JULY 2014