Rosebella Jeptoo Murei & Another v Dorcas Chemwetich Surtan & 7 Others [2015] KEELC 608 (KLR)
- Court
- Environment & Land Court
- Case number
- 608
- Citation
- [2015] KEELC 608 (KLR)
- Decided
- 11 March 2015
Summary at a glance
Facts
The Plaintiffs filed an application for an injunction against the Defendants to restrain them from wasting, leasing out, disposing or otherwise alienating LR NO. 6482 (IR NO 129498) known as Kibulgeny Farm. The application was initially set for inter partes hearing but was never placed before the court.
Issues
- Whether Mr Ngigi is entitled to be heard on the application dated 19/11/2014
- Whether the plaintiffs should be allowed to withdraw the suit against the 1st, 2nd, 3rd, 4th and 8th defendants
- Whether the plaintiffs should be allowed to amend their plaint
Reasoning
The Judge found that Mr Ngigi is entitled to be heard on the application dated 19/11/2014 as there were no orders touching on the application. The plaintiffs are not allowed to withdraw the suit as the case is not set for hearing and the proper procedure is to give a notice in writing.
Outcome
The plaintiffs are ordered to take a hearing date for the application dated 9/11/2014 or have the same held in Limbo until the amendments are done.
Orders
- The plaintiffs are ordered to take a hearing date for the application dated 9/11/2014 or have the same held in Limbo until the amendments are done.
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