HASHAM LALJI PROPERTIES LIMITED AND DIAMOND HASHAM LALJI AND 1 Others VS HASSAN K. KOSKEY alias JASSAN K. KOSKEY AND THE CHIEF LAND REGISTRAR AND 2 Others

RULING

1. In exercise of the powers provided for under Section 3A, this Court has taken note that this file was originally filed on 07.07.2006.
2. Since then, there has been many hearing of applications and the main hearing.
3. However, what is important is the order that was made by Lady Justice P. Mwilu (DCJ) while serving in Eldoret.
4. In this ruling the Plaintiffs obtained injunction to retain possession and use of the property known as L.R ELDORET MUNICIPALITY BLOCK 7/109.
5. The issue at hand is an Agreement for sale dated 27.08.2002.
6. Since this matter was filed there has been laxity to proceed by the Plaintiff who seems to enjoy the orders that have been in place.
7. Justice requires that disputes are determined expeditiously and Court orders should be abused by delaying the matter.
8. Consequently, this Court is of the considered view that the injunction issued on 07.07.2006 is actually an impediment to the conclusion of this matter.
9. In conclusion, the injunctive orders issued on the 07.07.2006 are reviewed as follows;
10. All rental income accruing the property known as L.R ELDORET MUNICIPALITY BLOCK 7/109 which is currently in possession of the 1^st Plaintiff or its authorized agents known as Sedco Consultants Ltd will be deposited in the Court with effect from 05.06.2025 until further orders of this Court.
11. The Deputy Registrar is directed to extract this Order and serve of the 1^st Plaintiff agent within 7 days from today’s date.
12. The Plaintiff are granted leave to appeal this ruling as well as the earlier ruling pronounced on the issue of admission.

IN THE PRESENCE OF;

Court Ass: Brian

Plaintiff: Ms. Odwa for the Plaintiff

Defendant: Mr. Kopere for 1^st Defendant

  Mr. Kwame for 2^nd , 3^rd and 4^th  Defendant