[2016] KEHC 5043 (KLR)
The court found that the application for a temporary injunction was unopposed by the defendant. The plaintiff established ownership of the suit property and demonstrated a credible threat of demolition by the defendant's agents. In the absence of opposition and given the risk of irreparable harm, the court confirmed...
Source-derived case information.
- Citation
- [2016] KEHC 5043 (KLR)
- Parties
- Plaintiff: Benjamin F. Ngungi; Defendant: Meru County Government
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 185 of 2014
- Procedural Posture
- Land and Environment Suit / Ruling on Interlocutory Injunction Application
- Outcome
- Application for temporary injunction granted as prayed; costs in the cause; application marked as settled.
- Judges
- FM Njoroge
- Legal Topics
- Injunctive Relief, Land Ownership, Demolition Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benjamin F. Ngungi
Plaintiff
Meru County Government
Defendant
Procedural Posture
Land and Environment Suit / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendant from demolishing or interfering with the premises on land parcel No. 14463/AMWATHI/MAUA pending determination of the suit.
- 2 Whether the defendant's threatened actions are unlawful, unprocedural, or unconstitutional.
Ratio Decidendi
The court found that the application for a temporary injunction was unopposed by the defendant. The plaintiff established ownership of the suit property and demonstrated a credible threat of demolition by the defendant's agents. In the absence of opposition and given the risk of irreparable harm, the court confirmed the prayer for a temporary injunction restraining the defendant from demolishing or interfering with the plaintiff's premises on land parcel No. 14463/AMWATHI/MAUA pending the hearing and determination of the suit. Costs were ordered to be in the cause, and the application was marked as settled.
Court Disposition
Application for temporary injunction granted as prayed; costs in the cause; application marked as settled.
Orders
- A temporary injunction is issued restraining the defendant, its officials, agents, servants, constructors or anyone acting at its behest from demolishing or interfering with the premises and/or building situated on land parcel No. 14463/AMWATHI/MAUA in Maua township in Igembe South-Sub-County pending hearing and...
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
LAND & ENVIRONMENT COURT
SUIT NO 185 OF 2014
BENJAMIN F. NGUNGI...................................................PLAINTIFF/APPLICANT
VERSUS
MERU COUNTY GOVERNMENT.....................DEFENDANT/RESPONDENT
R U L I N G
This application is dated 24th December, 2014 and seeks orders:-
THAT the Honourable Court be pleased to certify this application as urgent.
THAT the honourable Court be pleased to issue temporary order of injunction restraining the defendant by it's officials , agent, servants, constructors or anybody acting at its behest from demolishing or in any other way whatsoever from interfering with the premises and or building situated on Land parcel No. 14463/Amwathi/Maua in Maua township in Igembe South-Sub-County pending inter-parties hearing of this application or until further orders of this Court.
That the Honourable Court be pleased to order temporary order of injunction restraining the defendant by it's officials , agent, servants, constructors or anybody acting at its behest from demolishing or in any other way whatsoever from interfering with the premises and or building situated on land parcel No. 14463/AMWATHI/MAUA township in Igembe South-Sub County pending inter -parties hearing and determination of this suit or until further orders of this court.
Costs of this application be provided for:
The application is supported by the affidavit of the Plaintiff, BENJAMIN F. NKUNGI, and has the following grounds: -
The Plaintiff is the registered owner of land parcel /plot No. 14463/ANWATHI/MAUA.
The Plaintiff constructed a commercial premises in parcel/plot No. 14463/AMWATHI/MAUA in accordance with by-laws of the then Maua Municipal Council.
The Defendant assured Plaintiff and others who complained that their premises wont be demolished as there was no justification for the demolition.
The defendant's agents are threatening to demolish Plaintiff's commercial premises situated in the said land.
That unless orders of the Honourable Court are issued Plaintiff is likely to suffer irreparable loss and damages.
The Defendant's actions are illegal unprocedural and unconstitutional.
During directions on 26/04/2016, it transpired that the application was not opposed. Consequently Prayer 3 in the application is confirmed . Costs shall be in the cause. The application is hereby marked as settled.
It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 26TH DAY OF APRIL, 2016 IN THE PRESENCE OF:-
cc: Lilian/Daniel
Mutembei for the Plaintiff /Applicant
Muthamia for the Defendant/Respondent
P.M. NJOROGE
JUDGE