REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NYAHURURU ELC CASE NO. E017 OF 2025 VITALAC INTERNATIONAL LTD…………………………………………..…PLAINTIFF/ APPLICANT VERSUS KARSON MOTOR ENGENEERING LTD…………………………………..1ST DEFENDANT/RESPONDENT JAMES KARANI…2ND WANGOMBE DEFENDANT/RESPONDENT FLORENCE WANJIRU NGOTHO……3RD DEFENDANT/RESPONDENT JAMES WANGOMBE KARANI………4TH DEFENDANT/RESPONDENT NJIMI CHELL……………………………5TH DEFENDANT/RESPONDENT RULING 1. Before me is a notice of motion application dated 22.10.2025 filed contemporaneously with the suit. The plaintiff seeks orders of injunction restraining the defendants from interfering with plaintiff’s occupation of parcel L.R. 658/317, evicting it, or trespassing on the said land. The application is Page 1 of 3 ELC E017 OF 2025 (RULING)
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premised on grounds on the face of the application and the supporting affidavit of Issak Ibrahim Issak, the manager of the plaintiff. 2. The applicant avers that it leased the suit premises and parcel 318 from the 1st defendant for a period of 15 years from 18.7.2025, of which the applicant paid two years rent and also took possession. However, on 19.10.2025, the 3 rd and 4th defendants as agents of the 1 st - 3rd defendants descended on the suit premises caused mayhem and disturbances with a view of evicting the plaintiff. That as the lawful beneficial owner of the suit premises, the applicant deserves the orders sought. 3. The application was served but no responses have been filed. A perusal of the lease agreement dated 18.7.2025 indicates that indeed the applicant leased the suit premises for a period of 15 years as from 18.7.2025. It follows that the applicant has a protectable interest in the suit premises. Thus in terms of the holding in Giella Vs Cassman Brown & Co Ltd [1973] EA 358. Kenya National Union of Nurses v County Government of Mombasa & 2 others [2015] eKLR, I find that the application dated 22.10.2025 is Page 2 of 3 ELC E017 OF 2025 (RULING)
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merited, the same is allowed in terms of prayer no.3, but the injunctive orders shall remain in force for a period of ONE year only. The costs of the application shall abide the outcome of the suit. DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 21ST DAY OF MAY 2026 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of: Mutisya h/b for Ogola – Plaintiff N/A for respondent Nancy Mwangi – Court assistant Page 3 of 3 ELC E017 OF 2025 (RULING)
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