Case ID:168104

Fred Juma Nyongesa & another v Moses Kipsang Rotich [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case 11 of 2016

Parties:

Fred Juma Nyongesa & Moses Aballo v Moses Kipsang Rotich

Date Delivered:

17 Dec 2020

Case Class:

Civil

Court:

Environment and Land Court at Kitale

Case Action:

Ruling

Judge(s):

Francis Mwangi Njoroge

Citation:

Fred Juma Nyongesa & another v Moses Kipsang Rotich [2020] eKLR

Court Division:

Environment and Land

County:

Trans Nzoia

Case Outcome:

Application struck out with no order as to costs.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT KITALE

LAND CASE NO. 11 OF 2016

FRED JUMA NYONGESA..............................................................................1

ST

PLAINTIFF

MOSES ABALLO............................................................................................2

ND

PLAINTIFF

VERSUS

MOSES KIPSANG ROTICH..............................................................................DEFENDANT

RULING

The Application

1. The application dated

10/11/2020

and filed in court on

13/11/2020

has been bought under

Section 1A, 1B, 3 & 63(e)

of the

Civil Procedure Act

and

Order 12 Rules 1, Order 22 Rule 22

and

51 Rule 1

of the

Civil Procedure Rules

. The plaintiffs seek the following orders:-

(a) …spent

(b) That pending hearing and determination of this application there be a temporary stay of attachment and sale of the applicant’s proclaimed properties listed in the schedule of moveable property dated 6/10/2020 by Igare Auctioneers.

(c) Costs be in the cause.

2. The application is supported by the affidavit of the 2

nd

defendant sworn on

10/11/2020.

The grounds upon which the said application is made are that the applicant’s moveable assets have been proclaimed and are due for attachment and sale; that the applicant is ready and willing to settle the taxed costs in instalments of

Kshs.10,000/=

and that the application is made in good faith.

The Response

3. I have perused the record and found no response to the application dated

10/11/2020.

Submissions

4. Parties also appear to have filed no submissions as there are none on the record.

Determination

5. Having perused the application dated

10/11/20

I find that there is no substantive prayer for any substantive relief and on that ground I hereby strike it out with no orders as to costs.

It is so ordered.

Dated, signed and delivered at Kitale via electronic mail on this 17

th

day of December, 2020.

MWANGI NJOROGE

JUDGE, ELC, KITALE.