REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Suit 250 of 2007 NANGA KIHOTO/NAIVASHA LTD ……………………..1ST PLAINTIFF PHARIS MBURU NGUGI…………………………………2ND PLAINTIFF BENJAMIN N. KINUTHIA………………………………...3RD PLAINTIFF KAMAU KARIUKI…………………………………………4TH PLAINTIFF DANIEL MWANGI KANGETHE………………………….5TH PLAINTIFF KURIA GICHERU………………………………….............6TH PLAINTIFF NJOROGE KINYANJUI……………………………………7TH PLAINTIFF HARUN KIMANI…......……………………………………..8TH PLAINTIFF VERSUS GABRIEL KABURU KAGUNYA………………………1ST DEFENDANT DAVID WAWERU NGANGA…………………..............2ND DEFENDANT JOSEPH KARA…………………………………………..3RD DEFENDANT KAHINGA GAKERE…….…………………………….....4TH DEFENDANT JAMES MWANGI KARANJA……….…………………..5TH DEFENDANT ELIJAH MWENDA………………….……………………6TH DEFENDANT FRANCIS KIGURU MWAURA……….………………...7TH DEFENDANT RULING & ORDER I have heard counsel for both the applicant and the Respondent in the Notice of Motion dated 28 th July 2008. Not being satisfied, prima facie, why the Court should go against its previous orders I refuse to alter the same. There is no valid reason why the Applicants should continue holding onto the items ordered to be released to the Respondents. They should comply with the order forthwith. Should the applicants find that they have a genuine claim against the Respondents there is nothing to prevent them from moving the court on their own motion. I refuse to grant leave to file any further papers being of the view that the matter is being protracted unnecessarily. Considering the facts of the case and on the strength of my Ruling of 24 th July 2008 and the orders made therein, which have not been satisfactorily challenged, I dismiss the application with costs to the Respondents. Dated at Nakuru this 6th day of August 2008
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M. G. MUGO JUDGE
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