[2017] KEELC 3060 (KLR)

[2017] KEELC 3060 (KLR)

The court considered both the plaintiff's applications and the defendants' responses. Upon review of the affidavits and submissions, the court found merit only in prayer No. 2 of the Notice of Motion dated 8th February 2016 and allowed it. The remaining prayers in that application, as well as the entire Notice of...

Source-derived case information.

Citation
[2017] KEELC 3060 (KLR)
Parties
Plaintiff: Allan Mburu Murua; Defendant: Mburu Kimani; Defendant: Nancy Njeri Mburu
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 1043 of 2015
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Applications
Outcome
Partial grant of interlocutory relief; other prayers dismissed.
Judges
MM Gitumbi
Legal Topics
Interlocutory Injunctions, Pre Trial Procedure
Source Language
en
Land and Property Interlocutory Injunctions Pre Trial Procedure

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Summary, issues, holding and outcome

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Parties

Allan Mburu Murua

Plaintiff

Mburu Kimani

Defendant

Nancy Njeri Mburu

Defendant

Procedural Posture

Environment and Land Case / Ruling on Interlocutory Applications

Legal Issues

  1. 1 Whether the plaintiff is entitled to the interlocutory reliefs sought in the Notice of Motion dated 8th February 2016.
  2. 2 Whether the Notice of Motion dated 21st October 2015 should be granted or dismissed.

Ratio Decidendi

The court considered both the plaintiff's applications and the defendants' responses. Upon review of the affidavits and submissions, the court found merit only in prayer No. 2 of the Notice of Motion dated 8th February 2016 and allowed it. The remaining prayers in that application, as well as the entire Notice of Motion dated 21st October 2015, were found to lack merit and were dismissed. The court exercised its discretion in granting partial relief and directed that costs be in the cause. The matter was set down for a pre-trial conference to facilitate further proceedings.

Court Disposition

Partial grant of interlocutory relief; other prayers dismissed.

Orders

  • Prayer No. 2 of Notice of Motion dated 8th February 2016 is allowed.
  • The remaining prayers in the Notice of Motion dated 8th February 2016 are declined.