Having disposed of the preliminary objection raised by the respondents, I will proceed to address
the prayers in the chamber application. These are
(i) to issue an Interim Order restraining the respondents severally and jointly from
dumping solid and liquid wastes in Vingunguti area due to pollution and endangering
the health and lives of the applicants and other residents;
(ii) to issue an interim order to restrain the Respondents from using the abattoir located
in Vingunguti area,
(iii) To issue a temporary injunction to do as provided in (1.) and (ii) above.
As it is on record that the parties were allowed to argue the preliminary objection and the
chamber application simultaneously the relevant prayers to be addressed at this stage are the
temporary injunction pending the determination of the main suit"
I have given due consideration to these prayers for temporary injunction and I have come to the
considered view that defer making a decision on the prayers until the final determination of the
suit is filed. I have reached this decision partly due to the fact that the applicants / plaintiffs have
made similar assertions in paras 3 - 19 both in the affidavit and the plaint, assertions which in my
considered view need to be verified at the trial. To this end, interest of justice demands that the
suit filed proceed for trial as soon as is expedient.
It is ordered accordingly.
Signed,
S. IHEMA
JUDGE
23/10/2000