Susan Kagwiria Ringera & Diana Makena Ringera v Nantie Homes Limited [2018] KEELC 132 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

ELC CASE  NO. 191 OF 2017(OS)

SUSAN KAGWIRIA RINGERA.........................................1ST APPLICANT

DIANA MAKENA RINGERA............................................2ND APPLICANT

=VERSUS=

NANTIE HOMES LIMITED............................................1ST DEFENDANT

JUDGMENT

1. The plaintiffs’ evidence is that the issue which prompted them to take out the Originating Summons herein was the respondent’s failure to provide them with the lease despite paying purchase price in tandem with the contract.  Upon filing the suit, the respondent moved to register and avail the lease.  The plaintiffs’ evidence is that they incurred legal costs as a result of the respondent’s default. There is no controverting evidence against the plaintiffs’ evidence.

2. Consequently, the court hereby enters judgment for costs in favour of the plaintiffs/applicants against the defendant/respondent.

The same shall be taxed by the taxing officer of the court in the manner prescribed by the law.

DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 20TH DAY OF DECEMBER 2018.

B  M EBOSO

JUDGE

In the presence of:-

Mr. Gaya holding brief for Mr Nduati for the 1st & 2nd applicants.

June Nafula  - Court Clerk