Mohamed v DIB Bank Kenya Limited & 3 others

Mohamed v DIB Bank Kenya Limited & 3 others (Land Case E144 of 2023) [2024] KEELC 13400 (KLR) (14 November 2024) (Ruling) Neutral citation: [2024] KEELC 13400 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI LAND CASE E144 OF 2023 LN MBUGUA, J NOVEMBER 14, 2024 BETWEEN HUSSEIN IBRAHIM MOHAMED ........................................................... PLAINTIFF AND DIB BANK KENYA LIMITED ........................................................ 1ST DEFENDANT ABDI SHARIFF MOHAMED ......................................................... 2ND DEFENDANT ZAINABESHI HASSAN DEBEBE .................................................. 3RD DEFENDANT KEYSIAN AUCTIONEERS ............................................................. 4TH DEFENDANT RULING 1. There are two matters relating to the same property. One is case No. 144 of 2023 where the parties are Hussein Ibrahim Mohamed v DIB Bank Kenya Limited, Abdi Shariff Mohamed, Zainabeshi Hassan Debebe Keysian Auctioneers, while the other one is case No. E175 of 2023 where the parties are; Abdi Shariff Mohamed v Hussein Ibrahim Mohammed. 2. On, 18.9.2024, the court gave directions that the ruling in respect of Plainti’s Notice of Motion dated 1.11.2023 in E144 of 2023 was to be delivered on 14.11.2024. In the said application, the plainti seeks orders to restrain the 2nd and 3rd defendants from interfering with plaintis possession of the suit property Nairobi block 104/389, that the 2nd defendant be restrained from charging or disposing o the suit property, that the 3rd defendant be compelled to make rental payments to the court and that the OCS Pangani Police Station be directed to ensure enforcement of the orders given herein. 3. However, a perusal of the sister le no. E175 of 2023 reveals that there is also a pending application dated 2.8.2023 which has not been given directions. 4. It is not clear as to when the two les were consolidated and the parties appear not to have been designated. It is the view of this court that all pending applications in both les should be handled https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/13400/eng@2024-11-14 1

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