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|Case Number:||Environment And Land Case 17 of 2018|
|Parties:||Customer Self Service And General Contractors Company Ltd v Evangeline Nkatha Alias Bajeren Nkatha|
|Date Delivered:||06 Mar 2019|
|Court:||Environment and Land Court at Meru|
|Judge(s):||Lucy Ngima Mbugua|
|Citation:||Customer Self Service And General Contractors Company Ltd v Evangeline Nkatha Alias Bajeren Nkatha  eKLR|
|Advocates:||Muthiani for applicant|
|Court Division:||Environment and Land|
|Advocates:||Muthiani for applicant|
|History Advocates:||One party or some parties represented|
|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
ELC CASE NO. 17 OF 2018
CUSTOMER SELF SERVICE AND
GENERAL CONTRACTORS COMPANY LTD.....................PLAINTIFF
EVANGELINE NKATHA ALIAS BAJEREN NKATHA...DEFENDANT
1. The application dated 5.4.2018 seeks the following orders:
(ii) That the Honourable court be pleased to order that the status quo (plaintiff is in possession) be maintained pending hearing and determination of this suit.
(iii) That the honourable court be pleased to order the temporary registration of inhibition and or restriction upon land reference No. Nkuene/Uruku/762 pending hearing of this application inter-parties and pending the hearing of the suit.
(iv) That the honourable court be pleased to issue any such further orders as it deems fit to meet the ends of justice.
(v) That costs of this application be borne by the respondent
2. The grounds in support of the application are that;
(a) The applicant is a purchaser for value who is in possession.
(b) The applicant has carried on extensive development projects on the land estimated to be worth millions of shillings.
(c) The applicant is privy to the fact that the respondent has hatched a scheme to fraudulently report that the original title is lost, when she is perfectly sure and aware that Applicant is keeping it, in order to obtain another title and by pass him.
(d) In all sound circumstances the orders are deserved and will not prejudice the respondent/defendant.
3. The application is further supported by the affidavit of Festus Muriungi Kinoti the managing director of the applicant, to buttress its claim that it is entitled to the prayers sought herein.
4. The Respondent has filed a Replying affidavit where she has deponed that it is the Respondent who has frustrated the performance of the contract by inter alia, bringing issues of land size, claiming that it has paid sh. 13,400 000 yet it has paid sh. 6 000 000, and claiming that the developments on the land belong to the plaintiff, yet they belong to the defendant.
5. Applicant is in agreement that the status quo ought to be maintained.
6. On 28.11.2018, directions were given by this court for the application to be canvassed by way of written submissions. I have perused the record and I find that the respondent has not filed their submissions.
7. I have looked at the application and I find that the orders sought are meant to preserve the suit land.
8. The application of 5.4.2018 is therefore allowed and each party is to bear their own costs of the application. However, the orders are to remain in force for a period of one year only.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 6TH MARCH, 2019 IN THE PRESENCE OF:-
Muthiani for applicant
HON. LUCY. N. MBUGUA