Terer v Yegon & 2 others

Terer v Yegon & 2 others (Environment and Land Miscellaneous Application E31 of 2022) [2022] KEELC 13541 (KLR) (13 October 2022) (Ruling) Neutral citation: [2022] KEELC 13541 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAKURU ENVIRONMENT AND LAND MISCELLANEOUS APPLICATION E31 OF 2022 FM NJOROGE, J OCTOBER 13, 2022 BETWEEN BENJAMIN KIPYEGON TERER ............................................................. PLAINTIFF AND ROBERT YEGON ............................................................................. 1ST DEFENDANT SARAH MUTAI ............................................................................... 2ND DEFENDANT EDWIN YEGON ............................................................................... 3RD DEFENDANT RULING 1. The applicant led an application dated 3/8/2022 seeking eviction orders against the respondents on the basis that judgment was delivered in Nakuru ELC 67 of 2017 against the respondents in which they were injuncted from inter alia remaining on Molo South/Ikumbi Block 4/347 (Kamwaura) and Molo South/Ikumbi Block 4/340 (Kamwaura). 2. Having examined the Adavit of service in the matter and found it not satisfactory this court mentioned the matter on 12/10/2022 and ordered the ling of a proper Adavit of service with the appropriate annextures attached and the applicant complied. I am therefore satised that the application was eectively served upon the respondents and sucient notice was given to the respondents of the hearing of the instant Notice of Motion. 3. However, the respondents have failed to le any response thereto and it is therefore unopposed. 4. Consequently, I grant prayers Nos. (2), (3) and (4) in the Notice of Motion dated 3/8/2022. DATED, SIGNED AND ISSUED AT NAKURU VIA ELECTRONIC MAIL ON THIS 13TH DAY OF OCTOBER, 2022. MWANGI NJOROGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/13541/eng@2022-10-13 1

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