[2024] KEELC 13365 (KLR)
The court declined to grant interim orders restraining the defendants from entering, trespassing, or remaining on the suit property because such orders would effectively grant the substantive relief sought in the main suit before the matter is heard and determined. The court also noted that the issue of ownership is...
Source-derived case information.
- Citation
- [2024] KEELC 13365 (KLR)
- Parties
- Plaintiff: Beba Freight Company Limited; Defendant: Bharat Ramji Manji; Defendant: Young Moon Choi; Defendant: Landmark Freight Services Limited; Defendant: Land Registrar of Title, Nairobi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E264 of 2024
- Procedural Posture
- Environment and Land Case / Ruling on Interim Application for Injunction
- Outcome
- interim orders declined
- Judges
- LN Mbugua
- Legal Topics
- Interim Injunctions, Ownership Disputes, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beba Freight Company Limited
Plaintiff
Bharat Ramji Manji
Defendant
Young Moon Choi
Defendant
Landmark Freight Services Limited
Defendant
Land Registrar of Title, Nairobi
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interim Application for Injunction
Legal Issues
- 1 Whether the applicant is entitled to interim orders restraining the defendants from entering, trespassing or remaining on the suit property before the main hearing.
- 2 Whether the urgency and ownership claims justify grant of interim relief at this stage.
Ratio Decidendi
The court declined to grant interim orders restraining the defendants from entering, trespassing, or remaining on the suit property because such orders would effectively grant the substantive relief sought in the main suit before the matter is heard and determined. The court also noted that the issue of ownership is contested and cannot be resolved at the interlocutory stage. Furthermore, the application was not certified as urgent when first presented, and the circumstances did not warrant deviation from standard procedure. The court emphasized that granting the orders sought would preempt the main trial and potentially prejudice the defendants' case.
Court Disposition
interim orders declined
Orders
- No interim orders are granted at this stage.
Full Case Text
Judgment text and source record
26 paragraphs
Beba Freight Company Limited v Manji & 3 others (Environment & Land Case E264 of 2024) [2024] KEELC 13365 (KLR) (22 November 2024) (Ruling)
Neutral citation: [2024] KEELC 13365 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E264 of 2024
LN Mbugua, J
November 22, 2024
Between
Beba Freight Company Limited
Plaintiff
and
Bharat Ramji Manji
1st Defendant
Young Moon Choi
2nd Defendant
Landmark Freight Services Limited
3rd Defendant
Land Registrar of Title, Nairobi
4th Defendant
Ruling
1. On 6. 11. 2024 the court gave directions for the parties to file submissions in respect of the application dated 2. 7.2024 and the matter was given a mention date for 13. 2.2025. The applicant however sought for interim orders contending that the application was filed under a certificate of urgency, that the applicant has demonstrated that they are the owners of the suit property and that the property stands to be wasted. The Respondents have opposed issuance of any orders at this stage.
2. I find that when the application dated 2. 7.2024 was presented to the court for the very first time on 3. 7.2024, the court must have looked at the said application and did not certify the same as urgent. On the claim that the applicants are the owners of the suit property, I find that the issue of ownership is contested and cannot be dealt with at this stage.
3. Finally, the court has interrogated the orders sought in the application vis a vis the orders sought in the plaint. One of the final prayers sought in the plaint dated 2. 7.2024 (prayer c) reads as follows;“An order of eviction of the Defendants whether by themselves, their agents and/or servants or any other person claiming under or through them from Plaintiff property known as Land Reference Number 21068. ”
4. It follows that issuance of the orders sought in the application restraining the defendants from entering, trespassing or remaining in the suit property would in essence amount to issuance of some of the major reliefs sought in the plaint before the main trial and even before the application itself is heard. See Daniel Atibu Jasimba V Ainea Sandanyi Magana [2013] eKLR.
5. In the circumstances, the court declines to grant any orders at this stage.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 22ND DAY OF NOVEMBER 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Nyangoro, Oketch, Aencha and Okango Mogeni SC for Plaintiff ApplicantsMrs. Amandi holding brief for Eunice Lumalos for 1st and 2nd DefendantsAllan Kamau for 4th DefendantCourt Assistant: Vena