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Original judgment

keelc-2018-03190

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT MILIMANI LAW COURTS ELC APPEAL NO.1104 OF 2014 GRACE WANJIRU MBWIKA JOSEPH LIMBA CATHERINE M MUTHENGI (All suing on behalf of the following) ROSEMARY WANGARI MURITU & 5 OTHERS (All being part of the purchasers of that subdivision of LR No.KAJIADO/KAPUTIEI NORTH 9325 & 3931 (Respectively).............PLAINTIFFS VERSUS SAVYON HOLDINGS LTD & 3 OTHERS....................................................DEFENDANTS RULING 1. This is a ruling in respect of an exparte notice of motion filed on 14 th August 2014. The application sought leave of Court to bring a representative suit and extension of time within which to file such suit. It is unfortunate that this application has remained without a decision on the same for over 4 years. 2. The applicants are granted leave to bring a suit as a representative suit. The time for filing such suit is extended and if the defendants wish to oppose grant of extension of time, they are at liberty to oppose the same during the hearing of the suit. If there is no possibility of effecting individual service, leave is granted to applicant to serve notice of the case by advertisement in a newspaper with national circulation. 3. As the suit property is situate in Kajiado within the jurisdiction of Kajiado Environment and Land Court, an order is hereby made transferring this case to Kajiado ELC Court for hearing and determination. Costs in the cause. It is so ordered Dated, Signed and delivered at Nairobi on this 17th day of May 2018. E.O.OBAGA JUDGE In the absence of:M/s Maloba for M/s Njogu applicant Court Assistant: Hilda E.O.OBAGA JUDGE

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