REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ELC. CASE NO. 155 OF 2017 JANE NJERI THUKU.…...……….…..………………….….......PLAINTIFF VERSUS DOMINIC GATHECHA KINYUA.......................................1ST DEFENDANT VINCENT OMONDI ARINGO…………..…….…………2ND DEFENDANT RULING The Plaintiff filed the application dated 7th March 2017 seeking a temporary injunction to restrain the Defendants from carrying out any construction on Plot number 342 (R351) in Lucky Summer Estate Company Limited pending hearing and determination of that application. The court certified the application urgent and granted interim orders which were subsequently extended. The Plaintiff applied to serve the Defendants by substituted means since they could not be traced for service. That application was allowed. The Plaintiff’s counsel argued the application for injunction on 19 th July 2017. He urged the Court to issue a temporary injunction to restrain dealings on the Suit Property pending hearing and determination of the suit yet this prayer was not made on the application. The application for injunction is spent. The court cannot therefore issue a temporary injunction to remain in force pending hearing and determination of the suit. The court makes no orders as to costs. Dated and delivered at Nairobi this 25th day of July 2017. K. BOR JUDGE In the presence of: Ms. Gachinga holding brief for Mr. Mbugua for the Plaintiff No appearance for the Defendants Mr. V. Owuor- Court Assistant
Original judgment
Jane Njeri Thuku v Dominic Gathecha Kinyua & another [2017] KEELC 2183 (KLR)
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