SBS Dunhill Group (East Africa) Ltd v Shah & others & 2 others; Kakad t/a PJ Kakad & Co Advocates & another (Intended Defendant) [2024] KEELC 633 (KLR)

SBS Dunhill Group (East Africa) Ltd v Shah & others & 2 others; Kakad t/a PJ Kakad & Co Advocates & another (Intended Defendant) (Environment & Land Case E112 of 2023) [2024] KEELC 633 (KLR) (7 February 2024) (Ruling)

Neutral citation: [2024] KEELC 633 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case E112 of 2023

LN Mbugua, J

February 7, 2024

Between

Sbs Dunhill Group (East Africa) Ltd

Plaintiff

and

Ajeetkumar C Shah & Others

1st Defendant

Pankaj Chhaganlal Shah

2nd Defendant

Kamalkumar Chhaganlal Shah

3rd Defendant

and

Pravichandra Jamnadas Kakad t/a PJ Kakad & Co Advocates

Intended Defendant

Land Registrar, Nairobi

Intended Defendant

Ruling

1. This matter was scheduled today for mention to confirm if ADR (Alternative Dispute Resolution) was fruitful. Counsels for the plaintiff desire to address the court, in open court of which the matter is scheduled for mention for that purpose on 14. 2.2024. The plaintiffs pray for preservatory orders in the intervening period. The respondent has opposed the grant of any such orders.

2. I have perused the record. I find that on 5. 12. 2023 the courtgave preservatory orders on the basis that parties were pursuing ADR. Thus plaintiff was not to be evicted.

3. Subsequently on 20. 12. 2023 the court gave orders by consent whereby plaintiff was directed to adhere to certain conditions including payment of rent on 31. 12. 2023 and 31. 1.2024.

4. The plaintiff did not comply with the set conditions. Their advocates have gone ahead to pray that the said orders given on 20. 12. 2023 be set aside. In essence there is no ADR and whatever progress had been made to that end has been rendered otiose.

5. I have no basis to grant any preservatory orders at this stage. I therefore decline to grant any such orders.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 7TH DAY OF FEBRUARY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Omaiyo and Omari for PlaintiffMakori for DefendantCourt Assistant: Cherono