Delta Connections Ltd v Ndeche

Delta Connections Ltd v Ndeche (Environment and Land Case Civil Suit E016 of 2019) [2024] KEELC 13953 (KLR) (17 December 2024) (Ruling) Neutral citation: [2024] KEELC 13953 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI ENVIRONMENT AND LAND CASE CIVIL SUIT E016 OF 2019 FM NJOROGE, J DECEMBER 17, 2024 BETWEEN DELTA CONNECTIONS LTD .............................................................. PETITIONER AND ALFRED MWARINGA NDECHE ..................................................... RESPONDENT RULING 1. The preliminary objection subject matter of this ruling is dated 20/9/2024 raises the following issues: a. Whether or not, the defendant’s claim being grounded on adverse possession, the defendant can in law institute interlocutory applications that seek injunctive orders against the plainti or orders intended to punish the plainti or curtail the plainti’s use of the said property, the plainti being as it were the registered owner of the said property; b. Whether or not the plainti being in possession, occupation and use of the suit property can be curtailed or restricted from enjoying its proprietorship and ownership interest over the suit property. 2. The notice of preliminary objection was led in response to the defendant’s ling of an application dated 9/7/2024 seeking to nd the plainti’s agents in contempt of court for alleged breach of orders of 1/2/2024, and removal of all structures introduced into the suit premises by them after 1/2/2024. 3. The objection was disposed of by way of written submissions. the plainti led submissions dated 7/10/2024. The defendant led none. The preliminary objection dated 7/10/2024 is thus dismissed with costs for want of compliance with court orders on the objector’s part. RULING DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 17TH DAY OF DECEMBER 2024. MWANGI NJOROGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/13953/eng@2024-12-17 1

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