CATHERINE NJERI
V.
ROSE WANGARI NDUNG'U (SUING ON THEIR OWN BEHALF AND FOR THEIR OWN BENEFIT AND ON BEHALF OF AND FOR THE BENEFIT OF THE ESTATE OF THE LATE STANLEY NDUNG'U NJOROGE) & ANOTHER

RULING OF THE COURT

On 23^rd May, 2017, the Environment and Land Court (Gacheru, J.) issued a temporary order of injunction against the applicant and restrained her from dealing with land parcel No. DAGORETI/RIRUTA/6213, the suit property, pending the hearing and determination of the main suit.

A few months later on 26^th October, 2017, the court further directed that the 2^nd respondent was at liberty to use the suit property.

However, this could not be realized as the applicant had refused to vacate the suit property, also claiming its ownership, on the basis of which she continued to develop it, thereby denying the 2^nd respondent of its use and possession.

As a consequence of these actions, and upon application by the 2^nd respondent dated 21^st March, 2019, the court below, by a mandatory injunction compelled the applicant to vacate the suit property within 45 days from the date of the ruling pending the hearing and determination of the suit; and that should the applicant fail to comply an…