Salyut Services Ltd v Ramuka Agencies Limited, Antique Auctions & Equity Bank Kenya Limited [2017] KEELC 1820 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

MILIMANI LAW COURTS

ELC. CASE NO. 104  OF 2015

SALYUT SERVICES LTD..............................................PLAINTIFF

VERSUS

RAMUKA AGENCIES LIMITED........................1ST DEFENDANT

ANTIQUE AUCTIONS......................................2ND DEFENDANT

EQUITY BANK KENYA LIMITED.....................3RD DEFENDANT

RULING

I have considered Notice of Motion dated 10th February 2015 filed by the Plaintiff in this matter and which has been opposed by the Defendants.

Two rival certificates of title have been produced before this court in respect of the same suit premises.  It is clear that it is not possible to determine at this stage which of the two title documents is valid.

Accordingly, I do direct that the application be deemed as dispensed with on terms that the status quo currently prevailing at the suit premises be maintained pending the hearing and determination of the consolidated suit.

DELIVERED, DATED AND SIGNED AT NAIROBI THIS 15TH DAY OF SEPTEMBER  2017.

MARY M. GITUMBI

JUDGE