JAMALDIN YAHYA, BARNABA AGAR NYANDIERO, SAMUEL KETAI, LUCY MUTHONI T/A LUCY HOTEL, REBECCA SAMBEKI T/A SAMBEKI PUB & JAIRUS SAW T/A WOTE BUTCHERY) V. NANCY BOMETT (SUING ON BEHALF OF A JAMHURI EAST RESIDENTS ASSOCIATION IN HER CAPACITY AS THE CHAIRLADY THEREOF), JOHN EVANS AREK (SUING IN HIS CAPACITY AS THE SECRETARY THEREOF) & FRED KINUTHIA (SUING IN HIS CAPACITY AS THE TREASURER THEREOF

RULING OF NAMBUYE, JA

The respondents Nancy Bomet, John Evans Arek and Fred Kinuthia suing on behalf of Jamhuri East Residents Association in their capacities as Chairlady, Secretary and Treasurer respectively filed Nairobi HCCC ELC No. 289 of 2012 against the applicants; Jamaldin Yahya, Barnaba Agar Nyandiero, Samuel Ketai, Lucy Muthoni t/a Lucy’s Hotel, Joseph Mungai Kimani, Rebecca Sambeki t/a Sambeki Pub, Jairus Sawe t/a Wote Butchery and others namely; Ali Bulls, Khadija RRII, Khalfan Juma Suleiman, Jenniffer Kisuru Musiwa, Hellen Chepkemboi, Pamela Chepkemboi, Mwangi Kawaya t/a Thinker’s Pub and Ezekiel Rema. The plaint was dated 24^th May, 2012. It sought various reliefs.

On the plaint was anchored a notice of motion brought under Order 40 rule 1(1) (a), 2(1) and (4), Order 51 rule 1 and Order 5 rule 17 of the Civil Procedure Rules, Sections 1A, 1B, 3A and 63(c ) and 63(e) of the Civil Procedure Act (Chapter 63(sic) (21) of the Laws of Kenya) and all other enabling provisions of t…