[2021] KEHC 8447 (KLR)
The court found that the defendants had not complied with the mandatory injunction and the order to provide a breakdown and reconciliation of water bills, despite being granted additional time. The court emphasized the necessity of compliance with its orders to ensure the rights of the plaintiffs are protected and...
Source-derived case information.
- Citation
- [2021] KEHC 8447 (KLR)
- Parties
- Plaintiff: Henry Osura Isura; Plaintiff: Kui Kamuru; Plaintiff: Timothy Muli; Plaintiff: Carolyne Ngeny; Plaintiff: Edwin Kengara; Plaintiff: Leon Ovya; Plaintiff: Maurice N Oroge; Plaintiff: Joan Lesbitt; Plaintiff: Sally Kariuki; Plaintiff: Ciru Waititi; Plaintiff: Anne Wamiti; Plaintiff: Stephanie Wanjiru; Plaintiff: June Kung’u; Defendant: China Yuanda Real Estate Group Limited; Defendant: Wu Dongli; Defendant: Justin Nyachiro; Defendant: Jonathan Zhang
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case E029 of 2020
- Procedural Posture
- Civil Case / Directions After Interlocutory Injunction and Compliance Orders
- Outcome
- Further directions issued for compliance with previous orders; timelines set for filing reconciled bills.
- Judges
- JK Sergon
- Legal Topics
- Interlocutory Injunctions, Mandatory Injunctions, Water Supply Disputes, Apartment Management, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Osura Isura
Plaintiff
Kui Kamuru
Plaintiff
Timothy Muli
Plaintiff
Carolyne Ngeny
Plaintiff
Edwin Kengara
Plaintiff
Leon Ovya
Plaintiff
Maurice N Oroge
Plaintiff
Joan Lesbitt
Plaintiff
Sally Kariuki
Plaintiff
Ciru Waititi
Plaintiff
Anne Wamiti
Plaintiff
Stephanie Wanjiru
Plaintiff
June Kung’u
Plaintiff
China Yuanda Real Estate Group Limited
Defendant
Wu Dongli
Defendant
Justin Nyachiro
Defendant
Jonathan Zhang
Defendant
Procedural Posture
Civil Case / Directions After Interlocutory Injunction and Compliance Orders
Legal Issues
- 1 Whether the defendants complied with the court's mandatory injunction to reconnect water supply to the plaintiffs' apartments.
- 2 Whether the defendants provided a breakdown and reconciliation of outstanding water bills as ordered by the court.
- 3 What further directions are necessary to ensure compliance with the court's previous orders.
Ratio Decidendi
The court found that the defendants had not complied with the mandatory injunction and the order to provide a breakdown and reconciliation of water bills, despite being granted additional time. The court emphasized the necessity of compliance with its orders to ensure the rights of the plaintiffs are protected and to facilitate the resolution of the dispute. Accordingly, the court granted a further 14 days for compliance and set timelines for the filing of reconciled bills, underscoring the importance of timely adherence to court directives in interlocutory matters.
Court Disposition
Further directions issued for compliance with previous orders; timelines set for filing reconciled bills.
Orders
- The 1st defendant and/or his representatives are granted 14 days from this day, within which to comply with order (ii) issued on 6th November, 2020, if they have not done so.
- The parties shall thereafter file the reconciled bills in court within 30 days from today’s date in compliance with order (iii) issued on 6th November, 2020.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO. E029 OF 2020
HENRY OSURA ISURA..............................................................1ST PLAINTIFF
KUI KAMURU.............................................................................2ND PLAINTIFF
TIMOTHY MULI.........................................................................3RD PLAINTIFF
CAROLYNE NGENY..................................................................4TH PLAINTIFF
EDWIN KENGARA....................................................................5TH PLAINTIFF
LEON OVYA..............................................................................6TH PLAINTIFF
MAURICE N OROGE................................................................7TH PLAINTIFF
JOAN LESBITT...........................................................................8TH PLAINTIFF
SALLY KARIUKI........................................................................9TH PLAINTIFF
CIRU WAITITI..........................................................................10TH PLAINTIFF
ANNE WAMITI..........................................................................11TH PLAINTIFF
STEPHANIE WANJIRU............................................................12TH PLAINTIFF
JUNE KUNG’U.........................................................................13TH PLAINTIFF
-VERSUS-
CHINA YUANDA REAL ESTATE GROUP LIMITED...............1ST DEFENDANT
WU DONGLI..........................................................................2ND DEFENDANT
JUSTIN NYACHIRO..............................................................3RD DEFENDANT
JONATHAN ZHANG.............................................................4TH DEFENDANT
ORDER ON DIRECTIONS
1. These directions arise out of the ruling delivered by this courton 6th November, 2020 in respect to the Notice of Motion dated 23rd July, 2020 brought by the plaintiffs herein.
2. In brief, the plaintiffs sought among others, interlocutory andmandatory injunctive orders against the defendants for reconnection of water supply to their respective apartments.
3. Upon hearing the parties on the Motion which was opposed bythe defendants, this court granted a mandatory injunction compelling the 1st defendant and/or its employees/servants to reconnect water supply to the plaintiffs’ apartments; and a further order requiring the 1st defendant and its authorized representatives to provide the plaintiff’s with a breakdown of costs charged per cubic metre of water and to undertake a reconciliation of accounts of outstanding water bills for purposes of their settlement.
4. Moreover, this court ordered the parties to file the reconciledbills in court within 30 days pending further directions on 15th December, 2020.
5. When the parties appeared before this court on the 15th day ofDecember, 2020 counsel for the defendants indicated that the 1st defendant was out of the country and therefore sought a further seven (7) days within which to file a report.
6. It is apparent from the court record that the report is yet to befiled and it remains unclear whether reconciliation of the outstanding water bills has been undertaken, despite the extension of time for compliance.
7. Suffice it to say that, I deem it necessary for the issue of theoutstanding bills to be addressed and resolved at the earliest opportunity.
8. Consequently, I hereby make the following orders/directions:
a. The 1st defendant and/or his representatives are granted 14 days from this day, within which to comply with order (ii) issued on 6th November, 2020, if they have not done so.
b. The parties shall thereafter file the reconciled bills in court within 30 days from today’s date in compliance with order (iii) issued on 6th November, 2020.
c. The matter to be mentioned in court on 19th April, 2021 to confirm compliance and for further directions.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 12TH DAY OF MARCH, 2021.
………….…………….
J. K. SERGON
JUDGE
In the presence of:
…………………………………….. for the Plaintiff
………………………………….…. for the Defendant