REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA LAND AND ENVIRONMENT CASE NO. 110 OF 2013 JONATHAN KISIANG’ANI KING’ARU ……..…………….1ST APPLICANT TOM MALABA KING’ARU….………..…………………… 2ND APPLICANT SHEM NABUYUMBU KING’ARU………..…..……………..3RD APPLICANT VERSUS PETER WAFULA KUMALI ……...…....………………...1ST RESPONDENT SAMUEL KIPTECH KUMALI ……....………………..….2ND RESPONDENT FRANCIS WASWA KING’ARU ….….………………….3RD RESPONDENT TITUS WAMALWA KUMALI ……….....……………...…4TH RESPONDENT WYCLIFFE MASIBO MANGUNYA ……………………..5TH RESPONDENT BEN WASWA …………………..…………………...…..6TH RESPONDENT JOHN NALIAKHO KUMALI ………......…………………7TH RESPONDENT RULING [1] The applicants brought this application on 20 th June, 2016. No rule upon which the case is grounded is cited. The applicants pray for an injunction to restrain the defendants/respondents from cutting down trees planted by the applicants in the piece of land known as S.Malakisi/N. & C Namwela/700 now subdivided into 1103, 1104 and 1105 respectively. They further pray that they be given leave to file a statement of Defence and a Memorandum of Appearance and other related documents out of time upon payment of court fees and finally that the court do review and set aside its order and judgement issued ex parte and delivered on 15th June 2015. [2] The application is opposed by the respondents who filed grounds of opposition and argued that the application is defective and lacks merit and that the same is an abuse of the process of the court. Further that the application was overtaken by events as there was a judgement and eviction orders dated 28/09/2015 were executed.
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[3] Judgement in this case was delivered on 15/7/2015. The applicants were represented by counsel. Costs were assessed by the Deputy Registrar at Kshs.160,074/= on 24/4/2016. There has not been any appeal and or stay orders granted herein. This court is clearly functus official. The application by the applicants is misconceived. It has no merits and is dismissed with costs. Dated, Signed and delivered at Bungoma this 27th day of July 2016 S.MUKUNYA - JUDGE In the presence of Gladys/Joy - Court Assistants Miss Bett - Holding brief for Areba for the Plaintiff Defendant - Absent
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