SALIM AWADH & 34 OTHERS v REGISTERED TRUSTEE OF TELEPOSTA PENSION SCHEME [2007] KEHC 1421 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (NAIROBI LAW COURTS)

Civil Case 739 of 2007

SALIM AWADH  & 34 OTHERS..............................................................................……………PLAINTIFF

VERSUS

THE REGISTERED TRUSTEE OF TELEPOSTA PENSION SCHEME.....................DEFENDANTS

RULING

Land and Environmental Law Division

2.  Subject of main suit:-    Property ownership

i)    Representative suit

ii)   Plaintiffs applicant members of the Teleposta Pension Scheme

iii)     Intention for scheme to sell house

BUT       Lease agreement entered  into for increase of rent

iv)     Fear that they may lose purchase of their rental houses from respondent

v)      Other suits filed before the constitution court – which were dismissed/struck out as not being constitution issues.

Wendoh J 5 March 2007

Emukule 2 February 2007

3.    Application dated 25 October 2007.

i)    Injunction to restrain defendant respondent from selling respective house and or evicting the plaintiffs from premises.

ii)   As a precaution – if any are evicted to be reinstated.

4.   Held:

i)    Injunction to issue as prayed

ii)   Likelihood of fear and apprehension of being entered grounds to issue injunction.

5.   Case law  - related files.

Hccc 1012/05

Hccc 968/05

6.   Advocates

R.F. Kimathi holding brief for Letangula & Co. Advocates for the plaintiff/applicant – present

G.K. Bundotich & Co. Advocates for the defendant/respondent- present

I:   Injunction application

1.  This is a representative suit.  All the plaintiff are said to be members of Teleposta Pension Scheme.  They reside in houses that are offered to them for sale on priority basis.  The defendants instead proceeded to offer lease with increased rents as a pre- condition in being offered the houses for sale.

2.  The applicant filed suit before the constitution Bench of the High Court of Kenya

irobi.  Their cases were struck out (by Wendoh J on 5 March 2007 and Emukulle J on 2 February 2007) on grounds that the matters were in the realm of private law (Hccc969/06) (Hccc 1012/05).

3.  They now come to this court by way of plaint filed on 25 October 2007 seeking prayers of specific performance of the sale agreement and of an injunction restraining the defendants from evicting them from the suit premises.

4.  They have apprehension that they may be evicted from the premises.

5.  The respondent in advertedly failed to file a replying affidavit to the application on grounds of opposition.

II:  Finding

6.  That an injunction be hereby issued till the determination of the main suit.  There be costs to the applicants to be paid by the respondent.

Dated this 3rd day of November 2007 at Nairobi.

M.A. ANG’AWA

JUDGE

R.F. Kimathi holding brief for Letangula & Co. Advocates for the plaintiff/applicant – present

G.K. Bundotich & Co. Advocates for the defendant/respondent -present