Commercial & Admiralty Division v Abdulkadir Sharif Abdirahman & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI COMMERCIAL & ADMIRALTY DIVISION MILIMANI COMMERCIAL COURTS SUIT NO. 329 OF 2003 MEHUBA GELAN KELIL ISHA AWO SHARRIF TOWHICA AWO SHARRIF administrators of the estate of AWO SHARIFF MOHAMED..............................APPLICANTS VS ABDULKADIR SHARIF ABDIRAHMAN......RESPONDENTS RAHMA ALI GODANA.........................................PURCHASER DIRECTONS 1. Rahma Ali Godana (the Applicant) herein has through Counsel filed submissions dated 12 th September 2018 in support of her Application of 7th April, 2015. She concludes:- “In conclusion the Purchaser/Applicant prays that in the interest of justice, fairness and equity this Honourable Court declares null and void the transfer of MARSABIT COUNCIL PLOT GRANT IR NO. 4860 LR NO. 11969/42 and MARSABIT COUNCIL PLOT GRANT IR NO. 5150 LR NO. 11969/258 in favour of Sasa General Investment Limited and Timescom Enterprises Limited on 25 th July 2008 and further grant the Prayers as sought in the Purchaser/Applicants application dated 7 th April, 2015”. 2. If this Court were to grant the Applicant her way, then it would affect the interests, however weak they may be of Sasa General Investment Limited and Timescom Enterprises Limited over LR. No.11969/42 and 11969/258 respectively. Whilst the Applicant argues that the two acquired the properties inspite of the Prohibitory Orders made herein and in violation of the Doctrine of lis pendens and that interest they have acquired ought to be easily defeated, no Court of Law should issue any adverse Orders against any party before granting him/her/it an opportunity of being heard. 3. I therefore direct that Sasa General Investment Limited and Timescon Enterprise Limited be served with the application of 7 th April, 2015 and the same be set down again for hearing. Dated, Signed and Delivered in Court at Nairobi this 25th day of January, 2019. ………………………………………………… F. TUIYOTT JUDGE

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