Orbit Chemical Industries has scored a big win after it was allowed to auction structures built on a disputed land in Mukuru Kwa Njenga.
Justice Edward Wabwoto upheld a preliminary objection dated filed by the company and allowed the firm to sell the land by public auction.
The judge dismissed a petition by Joram Kiarie , Nelius Kariuki, Hottensiah Gaturu, Peter Kimani ,Zipporah Ndung’u and Thomas Muoria saying they failed to satisfy the conditions necessary for the grant for a temporary injunction.
“The action of the Plaintiffs is clearly an abuse of the court process. In view of the foregoing analysis, I must stay that even though a court of law should try as much as possible to allow a suit to be determined on its merits, the court should not shy off from acting to rid the court process of proceedings that are clearly an abuse of court process,” ruled the Judge.
The judge further added that the issues raised by the land buyers have already been determined by several other courts.
Orbit Chemical Industries pointed out to the court that another judge delivered a decision confirming it’s ownership of the suit properties and held that the applicants had no prima facie case as against the Company.
The company further submitted that the issue of ownership had been litigated several times and courts had confirmed that Orbit Chemical Industries is the owner of the suit properties.
In their preliminary objection, Orbit Chemical Industries and Joseph Gikonyo had not met the principles for grant of an injunction since Orbit Chemical Industries is the registered owner of the suit properties including all buildings erected on the same.
The company argued that the current suit was not a claim of adverse possession and that no evidence had been brought before this court to show that indeed the Plaintiffs bought the suit properties from Kware Mukuru Kwa Njenga Association.