[2021] KEELC 3460 (KLR)
The court found that the plaintiff is the registered owner of the suit property and that the defendant's actions threatening demolition of the structures on the property were not controverted. The plaintiff established a prima facie case with a likelihood of success, and the risk of irreparable loss was evident as...
Source-derived case information.
- Citation
- [2021] KEELC 3460 (KLR)
- Parties
- Plaintiff: The Board of Trustees Redeemed Gospel Church Kisumu; Defendant: Municipal Council of Kisumu (The County Government of Kisumu)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 145 of 2011
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Injunction
- Outcome
- interlocutory injunction granted
- Judges
- A Ombwayo
- Legal Topics
- Injunctive Relief, Ownership Disputes, Land Title, Irreparable Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Board of Trustees Redeemed Gospel Church Kisumu
Plaintiff
Municipal Council of Kisumu (The County Government of Kisumu)
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff has established a prima facie case with a likelihood of success for grant of an interlocutory injunction.
- 2 Whether the plaintiff is likely to suffer irreparable harm if the injunction is not granted.
- 3 Whether the balance of convenience tilts in favour of granting the injunction.
Ratio Decidendi
The court found that the plaintiff is the registered owner of the suit property and that the defendant's actions threatening demolition of the structures on the property were not controverted. The plaintiff established a prima facie case with a likelihood of success, and the risk of irreparable loss was evident as demolition would permanently deprive the plaintiff of its property. The defendant's failure to respond or contest the application further strengthened the plaintiff's case. Consequently, the court granted an interlocutory injunction restraining the defendant and its agents from entering, constructing, building, erecting, remaining in, occupying, or trespassing onto the suit...
Court Disposition
interlocutory injunction granted
Orders
- An order of injunction is granted restraining the defendant, its servants, agents, or anyone acting on its behalf from entering, constructing, building, erecting, remaining in, occupying, or trespassing onto land parcel No. KISUMU/MUNICIPALITY/BLOCK 9/145 pending the hearing and determination of the suit.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KISUMU
ELC CASE NO. 145 OF 2012
THE BOARD OF TRUSTEES REDEEMED GOSPEL
CHURCH KISUMU............................................................................PLAINTIFF
VERSUS
MUNICIPAL COUNCIL OF KISUMU (THE COUNTY
GOVERNMENT OF KISUMU.........................................................DEFENDANT
RULING
On 28/1/2021, this matter came up for hearing of application dated 6/1/2021, there was no reply by the defendant. The court made orders that the respondent do file a reply within 10 days. Applicant was to file a supplementary affidavit with submission within 7 days. The respondent was to file submissions within 7 days of service. Ruling was slated for today and the interim orders were extended. The respondent has not complied.
I do find that the allegations by the plaintiff have not been controverted that the plaintiff is the registered owner of the suit property Kisumu/Municipal/Block 9/145. The defendant is threatening to demolish the structures on the suit property.
I do find that the Plaintiff has demonstrated a prima facie case with a likelihood of success as she is the owner of the suit property. Moreover the plaintiff is likely to suffer irreparable loss if injunction is not granted as the premises will be demolished.
I do grant orders that an order of injunction restraining the respondents either by themselves, their servants and or agents or anyone whomsoever claiming title, deriving authority or acting on their behalf from entering, Constructing, building erecting, remaining in, occupying/continuing to occupy or trespassing onto the land parcel No. KISUMU/MUNICIPALITY/BLOCK 9/145 pending the hearing and determination of this suit.
DATED AT KISUMU THIS 5th DAY OF MAY, 2021
ANTONY OMBWAYO
JUDGE
This Ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15th March 2019.
ANTONY OMBWAYO
JUDGE