Machakos High court Throws Out petition seeking to stop Mavoko Demolitions.
Machakos Environment and Lands Court has dismissed an application seeking injunction orders, to block the ongoing eviction and demolitions at the East African Portland Cement PLC land in Athi River, Machakos County.
Delivering the ruling, Lady Justice Annette Nyukuri dismissed the petition made by the Aimi Ma Lukenya Society.
The justice ruled,”Section seven of the Civil Procedure Act bars a court from trying a suit for an issue that has been tried in a former suit involving the same parties or …in a competent court and where the decision made was final.”
“Having considered the evidence on records and looking at the issues raised by the respondent, I’m not persuaded. The applicant’s claims that they purchased the contested property hasn’t been supported by any evidence,”she added.
The judge further pointed that the applicant, had given the court, a fake title deed.
She ruled,”And therefore, they haven’t demonstrated that the root of the title is clean even at the clemency. There is no merit, I dismiss the case with cost to the defendant.”
Similarly, Wiper Party leader, Kalonzo Musyoka had filed for Interim Orders, Through his firm, but was dismissed.
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