Case ID:169486

John Muiyuro Kamau (For and on Behalf of the Catholic Diocess of Kitale) v Solmat Enterprises of Kitale [2021] eKLR

Case Metadata

Case Number:

Environment and Land Case 71 of 2020 (OS)

Parties:

John Muiyuro Kamau (For and on Behalf of the Catholic Diocess of Kitale) v Solmat Enterprises of Kitale

Date Delivered:

26 Jan 2021

Case Class:

Civil

Court:

Environment and Land Court at Kitale

Case Action:

Ruling

Judge(s):

Francis Mwangi Njoroge

Citation:

John Muiyuro Kamau (For and on Behalf of the Catholic Diocess of Kitale) v Solmat Enterprises of Kitale [2021] eKLR

Court Division:

Environment and Land

County:

Trans Nzoia

Case Outcome:

Application allowed

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

ELC NO. 71 OF 2020 (O.S)

JOHN MUIYURO KAMAU

(FOR AND ON BEHALF OF THE

CATHOLIC DIOCESS OF KITALE)....PLAINTIFF

VERSUS

SOLMAT ENTERPRISES OF KITALE..........................................................DEFENDANT

RULING

1.

By a notice of motion dated

26/11/2020

and filed on

30/11/2020,

brought under

Order 40 Rules 1 & 2,

Order 5 Rule 17, Order 51 Rule 1

of the

Civil Procedure Rules

and

Sections 1A, 1B, 3, 3A

and

63(e

) of the

Civil Procedure Act.

The applicant/plaintiff seeks the following orders:

(1) …spent

(2) That the applicant be granted leave to serve pleadings in this matter on the respondent by way of substituted service by way of registered post vide its last known address.

(3) That pending

inter partes

hearing of this application, an order of temporary injunction do issue to prevent the respondent, its agents, servants and/or assigns from selling, charging, developing, transferring, leasing, trespassing onto and/or in any other manner dealing with all that parcel of land known as 2116/250/SEC 11 also known as LR No. KITALE MUNICIPALITY BLOCK/3/333.

(4) That pending the hearing and determination of this case, the Land Registrar, Trans-Nzoia County be restrained from in any manner dealing with the register of all that parcel of land known as 2116/250/SEC 11 also known as LR No. KITALE MUNICIPALITY BLOCK/3/333.

(5) That in the alternative to prayers (3) and (4) above, there be an order of

status quo

on both the ground and the register of all that parcel of land known as 2116/250/SEC 11 also known as LR No. KITALE MUNICIPALITY BLOCK/3/333 pending the hearing and determination of the originating summons.

(6) That costs of this application be in the cause.

2.

The application is supported by the affidavit of the plaintiff sworn on

26/11/2020

. The application is grounded on the following grounds: that the applicant purchased the suit land but failed in his efforts to secure the directors of the respondent to effect a transfer into his name; that he now claims the land by way of adverse possession, that he can not trace the directors as at present and therefore the application has been rendered necessary by the said circumstances.

3.

The application, naturally in the circumstances is unopposed. I find no reason why orders of substituted service should not issue in the circumstances described by the plaintiff’s supporting affidavit. I also find no grounds upon which to decline the application for injunction sought in the application.

4.

Consequently I find that the application dated

26/11/2020

has merit and I grant it in terms of

Prayers No. (2), (4)

and

(5)

thereof. In granting the orders I note that there are two deferent sets of addresses apparent on the face of the documents provided by the applicant and he must satisfy this court at the next relevant stage in these proceedings as to proper service as ordered upon the defendant through both those addresses. An affidavit of service shall be filed as soon as practicable. This matter shall be mentioned on

16/2/2021

to ascertain compliance.

It is so ordered.

Dated, signed and delivered at Kitale via electronic mail on this 26

th

day of January, 2021.

MWANGI NJOROGE

JUDGE, ELC, KITALE.