Salome Wangari Wamunyu v Irene Jane Njambi & Peter Mochama Onkware [2016] KEELC 1279 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

ENVIRONMENT AND LAND COURT

ELC. CASE NO. 88 OF 2015

SALOME WANGARI WAMUNYU………………PLAINTIFF

VERSUS

IRENE JANE NJAMBI…………….…...…1ST DEFENDANT

PETER MOCHAMA ONKWARE…….….2ND DEFENDANT

RULING

I have considered   Notice of Motion dated 4th February 2015, the supporting Affidavit and the annexures thereto.  I have also studied the 1st Defendant’s Replying Affidavit sworn on 16/3/2015 and annexures thereto, the Plaintiff’s Further Affidavit sworn on 19/5/2015 and the 1st Defendants’ Supplementary Replying Affidavit sworn on 28th August 2015.

Both the Plaintiff and the 1st Defendant rely on letters of allotment in their claim of the suit property.  They both claim to have paid the sum requested within a few months of each other.  In this scenario, it is difficult to ascertain at this interlocutory stage which claim is superior to the other.  In the circumstances, I favour a situation where the currently prevailing status quo be maintained and this suit be expedited to full trial so that this issue of ownership of the suit property be settled once and for all.

To that end, I order that the status quo be maintained until this suit is heard and determined.  Further,  the court to proceed to fix a date for pre-trial conference.

DELIVERED, DATED AND SIGNED IN NAIROBI THIS 7TH DAY OF  OCTOBER  2016

MARY M. GITUMBI

JUDGE