[2021] KEELC 3761 (KLR)
The court found that the plaintiff had demonstrated a prima facie case for the grant of an interim injunction, as the defendant had deposited construction materials on the suit land and there was a real risk of interference before the main suit could be heard. The defendant did not oppose the application or provide...
Source-derived case information.
- Citation
- [2021] KEELC 3761 (KLR)
- Parties
- Plaintiff: Alice Chemining Katilem (Suing as the administrator of the estate of Tongolik Katilem); Defendant: County Government of West Pokot
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 33 of 2019
- Procedural Posture
- Land Case / Ruling on Interim Injunction Application
- Outcome
- Interim injunction granted as prayed in prayers (c) and (d) of the application dated 25/2/2021.
- Legal Topics
- Interim Injunctions, Proprietary Rights, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Chemining Katilem (Suing as the administrator of the estate of Tongolik Katilem)
Plaintiff
County Government of West Pokot
Defendant
Procedural Posture
Land Case / Ruling on Interim Injunction Application
Legal Issues
- 1 Whether the plaintiff is entitled to an interim injunction restraining the defendant from commencing or continuing construction on the suit land pending determination of the main suit.
- 2 Whether the defendant has any proprietary rights over the suit land.
Ratio Decidendi
The court found that the plaintiff had demonstrated a prima facie case for the grant of an interim injunction, as the defendant had deposited construction materials on the suit land and there was a real risk of interference before the main suit could be heard. The defendant did not oppose the application or provide any justification for its actions. In the interests of justice and to preserve the subject matter of the suit, the court determined that it was proper to grant the interim orders sought, restraining the defendant from commencing or continuing construction or interfering with the suit land pending the hearing and determination of the main suit.
Court Disposition
Interim injunction granted as prayed in prayers (c) and (d) of the application dated 25/2/2021.
Orders
- The defendant and its agents are restrained from commencing construction on, continuing with construction on, or interfering with the suit land in any manner pending the hearing and determination of the main suit.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 33 OF 2019
ALICE CHEMINING KATILEM
(Suing as the administrator of the estate of
TONGOLIK KATILEM....................................................PLAINTIFF
VERSUS
COUNTY GOVERNMNET OF WEST POKOT...........DEFENDANT
RULING
1. The plaintiff in this matter filed an application dated 25/2/2021 seeking an order of interim injunction to restrain the defendant or its agents from commencing construction on or continuing with the constructions on or from interfering with the suit land in any other manner pending the hearing and determination of the main suit.
2. The suit land is said to measure about 70 acres. It is allegedly occupied by the plaintiff’s family and is located at Koposes village, Lomut location Toghomo sublocation and is part of a farm called Maron Farm. It is said to belong to the estate of Tongolik Katilem, now deceased
3. The plaintiff has in her supporting affidavit deponed that the defendant deposited construction materials on the suit land on 20/2/2021 yet 24/3/2021 had been already fixed as hearing date for the main suit. The plaintiff is apprehensive that the defendant would interfere with the suit land while this suit is still pending.
4. The affidavit of service of the application upon the respondent is on the record. I have perused the record and I have found no submissions on behalf of the respondent. The submissions of the applicant have been filed. The application is unopposed.
5. The prayer in the main suit is a declaration that the respondent does not have any proprietary rights in the suit land as well, as a permanent injunction against it. In this court’s view it would be proper for the main suit to be heard and determined before the defendant commences or continues with any construction on the suit land. For that reason, and for the further reason that the respondent has not appeared to show cause why the application should not be granted, I hereby grant prayers nos (c)and(d) in the application dated 25/2/2021.
It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI VIA ELECTRONIC MAIL ON THIS 30TH DAY OF MARCH, 2021.
MWANGI NJOROGE
JUDGE, ELC, KITALE.