Jedida Ondiso Akanda & 1 other v Benson Nzambu & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS ENVIRONMENT AND LAND DIVISION ELC. CASE NO. 466 OF 2014 JEDIDA ONDISO AKANDA…….….…………………………PLAINTIFF VERSUS BENSON NZAMBU…..………..…................................1ST DEFENDANT GEORGE OGODO…………………………………..…2ND DEFENDANT BENSON OCHOKA)…….…………..………..………3RD DEFENDANT (SUED IN HIS PERSONAL CAPACITY AND AS CHAIRMAN OF HURLINGHUM SQUATTERS DEVELOPMENT RULING I note that this court delivered a ruling in respect of the Plaintiff’s Notice of Motion dated 15/4/14 on 25/7/2014. However, the Plaintiff and the 1st Defendant recorded a consent in court on 4/11/14 to the effect, inter alia, that Notice of Motion dated 15/4/14 be heard afresh and the earlier ruling be set aside. The court proceeded to adopt that consent as an order of the court on 4/11/14. Having considered this suit, I am of the opinion that the court should not sit to reconsider its ruling on Notice of Motion dated 15/4/14 but should instead facilitate the full and final determination of this suit after the main trial. Accordingly, I hereby direct that all parties do maintain the prevailing status quo pending the hearing and determination of this suit. A date for pre-trial conference may be given to pave way to the main hearing. DELIVERED, DATED AND SIGNED AT NAIROBI THIS 1ST DAY OF JULY 2016. MARY M. GITUMBI JUDGE