REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. E029 OF 2020 HENRY OSURA ISURA..............................................................1 ST PLAINTIFF KUI KAMURU.............................................................................2 ND PLAINTIFF TIMOTHY MULI.........................................................................3 RD PLAINTIFF CAROLYNE NGENY..................................................................4 TH PLAINTIFF EDWIN KENGARA....................................................................5 TH PLAINTIFF LEON OVYA..............................................................................6 TH PLAINTIFF MAURICE N OROGE................................................................7 TH PLAINTIFF JOAN LESBITT...........................................................................8 TH PLAINTIFF SALLY KARIUKI........................................................................9 TH PLAINTIFF CIRU WAITITI..........................................................................10 TH PLAINTIFF ANNE WAMITI..........................................................................11 TH PLAINTIFF STEPHANIE WANJIRU............................................................12 TH PLAINTIFF JUNE KUNG’U.........................................................................13 TH PLAINTIFF -VERSUSCHINA YUANDA REAL ESTATE GROUP LIMITED...............1ST DEFENDANT WU DONGLI..........................................................................2 ND DEFENDANT JUSTIN NYACHIRO..............................................................3 RD DEFENDANT JONATHAN ZHANG.............................................................4 TH DEFENDANT ORDER ON DIRECTIONS 1. These directions arise out of the ruling delivered by this court on 6th November, 2020 in respect to the Notice of Motion dated 23 rd July, 2020 brought by the plaintiffs herein. 2. In brief, the plaintiffs sought among others, interlocutory and mandatory injunctive orders against the defendants for reconnection of water supply to their respective apartments.
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3. Upon hearing the parties on the Motion which was opposed by the defendants, this court granted a mandatory injunction compelling the 1st defendant and/or its employees/servants to reconnect water supply to the plaintiffs’ apartments; and a further order requiring the 1 st defendant and its authorized representatives to provide the plaintiff’s with a breakdown of costs charged per cubic metre of water and to undertake a reconciliation of accounts of outstanding water bills for purposes of their settlement. 4. Moreover, this court ordered the parties to file the reconciled bills in court within 30 days pending further directions on 15 th December, 2020. 5. When the parties appeared before this court on the 15 th day of December, 2020 counsel for the defendants indicated that the 1 st defendant was out of the country and therefore sought a further seven (7) days within which to file a report. 6. It is apparent from the court record that the report is yet to be filed and it remains unclear whether reconciliation of the outstanding water bills has been undertaken, despite the extension of time for compliance. 7. Suffice it to say that, I deem it necessary for the issue of the outstanding bills to be addressed and resolved at the earliest opportunity. 8. Consequently, I hereby make the following orders/directions: a. The 1st defendant and/or his representatives are granted 14 days from this day, within which to comply with order (ii) issued on 6th November, 2020, if they have not done so. b. The parties shall thereafter file the reconciled bills in court within 30 days from today’s date in compliance with order (iii) issued on 6th November, 2020. c. The matter to be mentioned in court on 19th April, 2021 to confirm compliance and for further directions. DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 12TH DAY OF MARCH, 2021. ………….……………. J. K. SERGON JUDGE In the presence of: …………………………………….. for the Plaintiff ………………………………….…. for the Defendant
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