2196 of 2020, it was deponed by the Defendant’s Director that the Plaintiffs filed Machakos ELC. After the lower court struck out CMCC No. According to the Defendant’s Director’s Affidavit, the Report filed by the police as directed by the court showed that the Plaintiffs used the orders of 9 th June, 2020 issued by the lower court to invade the suit property on 11 th June, 2020 and that on 7 th August, 2020, the lower court struck out with costs the Plaintiffs’ suit for want of pecuniary and territorial jurisdiction.Ħ. 337/53 and that the said Report was filed in court on 28 th July, 2020.ĥ.
2196 of 2020 and misled the lower court to issue ex-parte orders of injunction that the lower court directed the OCS and the OCPD Athi River to file a Report on the prevailing status in respect to L.R. It is the Defendant’s case that the Plaintiffs instituted a suit in the Chief Magistrate’s Court at Milimani being CMCC No. 600,000,000 and that the Defendant has been in possession of the said land since then.Ĥ. 337/5371 and 337/5372 measuring approximately 4.269 Ha and 4.268 Ha respectively valued at about Kshs. According to the Defendant’s Director, the Defendant put up 417 units of Bungalows on the suit property that the remaining portion of the suit property was sub-divided into L.R. 337/1002 measuring approximately 20.47 Ha situated in Mlolongo area, Machakos County (the suit property) and that the suit property was later sub-divided.ģ. The Application is supported by the Affidavit of the Defendant’s Director’s Affidavit who has deponed that on 6 th June, 2005, the Defendant bought land known as L.R. That the costs of this Application be provided for.Ģ. That this Honourable Court do issue any other or further orders that it may deem just and fit.Į. That this Honourable Court be pleased to strike out the entire suit herein in limine and consequential orders herein under the doctrine of sub judice and abuse of the court process.ĭ. That this Honourable Court be pleased to discharge, vary and/or set aside the ex-parte Orders dated 28 th April, 2021.Ĭ. Harp Housing Ltd be placed before this Honourable Court during the hearing of this Application.ī. That this Honourable Court be pleased to direct that the Court file for ELC. In the Notice of Motion dated 30 th April, 2021, the Defendant has prayed for the following orders:Ī. (Suing on their behalf and as officials of IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS