[2022] KEELC 15403 (KLR)
The court found that the injunctive orders sought by the plaintiff were substantially similar to the final reliefs sought in the plaint. Granting such orders at the interlocutory stage would effectively determine the substantive issues in dispute before a full hearing. However, to preserve the subject matter of the...
Source-derived case information.
- Citation
- [2022] KEELC 15403 (KLR)
- Parties
- Plaintiff: Brownfield Developers Limited; Defendant: Nyara Youth Group (Sued through Its Management Official, Clearance, Secretary, Treasurer)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 6 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction Application
- Outcome
- Interlocutory injunction declined; order of inhibition granted.
- Judges
- PM Njoroge
- Legal Topics
- Interlocutory Injunctions, Land Title Disputes, Preservation of Property, Inhibition Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brownfield Developers Limited
Plaintiff
Nyara Youth Group (Sued through Its Management Official, Clearance, Secretary, Treasurer)
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff is entitled to interim injunctive relief restraining the defendant from dealing with or interfering with Land Title Number ISIOLO TOWNSHIP BLOCK 5/13 pending determination of the suit.
- 2 Whether granting the orders sought would amount to granting final relief at the interlocutory stage.
- 3 Whether an order of inhibition is appropriate to preserve the suit property during the pendency of the suit.
Ratio Decidendi
The court found that the injunctive orders sought by the plaintiff were substantially similar to the final reliefs sought in the plaint. Granting such orders at the interlocutory stage would effectively determine the substantive issues in dispute before a full hearing. However, to preserve the subject matter of the suit and prevent any dealings with the property that could prejudice the parties' positions, the court exercised its discretion to issue an order of inhibition against Land Title Number ISIOLO TOWNSHIP BLOCK 5/13. This order would remain in force pending the hearing and determination of the suit, thereby maintaining the status quo without pre-empting the final outcome of the case.
Court Disposition
Interlocutory injunction declined; order of inhibition granted.
Orders
- An order of inhibition is hereby issued to be placed against Land Title Number ISIOLO TOWNSHIP/BLOCK 5/13 pending hearing and determination of this suit.
- Parties are directed to concurrently comply with Order II, Civil Procedure Rules within 30 days of today.
Full Case Text
Judgment text and source record
22 paragraphs
Brownfield Developers Limited v Nyara Youth Group (Sued through Its Management Official, Clearance, Secretary, Treasurer) (Environment & Land Case 6 of 2022) [2022] KEELC 15403 (KLR) (19 December 2022) (Ruling)
Neutral citation: [2022] KEELC 15403 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 6 of 2022
PM Njoroge, J
December 19, 2022
Between
Brownfield Developers Limited
Plaintiff
and
Nyara Youth Group (Sued through Its Management Official, Clearance, Secretary, Treasurer)
Defendant
Ruling
1. This application is dated 3rd of August, 2022 and seeks orders that;1. This application be certified urgent and the same be heard ex parte in the first instance and thereafter be listed for hearing inter partes.2. Pending inter partes hearing and the hearing and determination of this application, an interim order of injunction be and is hereby issued against the defendants restraining the said Defendants, its agents, assigns, successors and/or any person howsoever acting on their behalf or under their instructions from dealing with or interfering with the Plaintiff’s claim over the suit property from trespassing, re-alienating, transferring, charging, developing or in any manner dealing with Land Title Number ISIOLO TOWNSHIP BLOCK 5/13. 3.Pending the hearing and determination of this suit, an interim order of injunction be and is hereby issued against the defendants restraining the said Defendants, its agents, assigns, successors and/or any person howsoever acting on their behalf or under their instructions from dealing with or interfering with Plaintiff’s claim over the suit property and further from trespassing, re-alienating, transferring, charging, developing or in any manner dealing with Land Title Number ISIOLO TOWNSHIP BLOCK 5/13. 4.A mandatory injunction order do issue against the Defendants directing him, (sic) his agents and/or servants to immediately stop and/or cease encroaching and/or trespassing, interfering, wasting, constructing further/or further dealing in whatsoever manner with the Plaintiff/Applicant’s Land Title Number ISIOLO TOWNSHIP BLOCK 5/13 and to remove any and all structures erected on the said land within such period as the Honourable Court may deem reasonable.5. In default of such compliance, the plaintiff/applicant be at liberty to use reasonable force to remove and/or demolish such structures at the Defendant/Respondent’s expense, including full police assistance.6. Costs of this application be provided for.
2. The application is supported by the affidavit of Vivek Shah for the applicant.
3. The application was canvassed by way of written submissions.
4. I do note that the defendant/respondent has filed a statement of defence and a counter-claim.
5. I have considered the pleadings and the submissions filed by the parties to buttress their veritably incongruent assertions.
6. I find that the orders sought in the application are more or less similar to prayers C and D in the plaint. Granting them at this stage will amount to granting final orders at this stage.However, to preserve the suit property the court will autonomously order that an inhibition be placed against the suit land to last during the pendency of this suit.
7. In the circumstances, I issue the following ordersa.An order of inhibition is hereby issued to be placed against Land Title Number ISIOLO TOWNSHIP/BLOCK 5/13 pending hearing and determination of this suit.b.Parties are directed to concurrently comply with Order II, Civil Procedure Rules within 30 days of today.c.Parties will come to court for directions on 24th April, 2023.
Delivered in open court at Isiolo this 19th day of December, 2022 in the presence of;Court assistant: BaloziAbdullahi holding brief for Gachoka for the plaintiff.Kirwa holding brief for Mokua for the defendant.HON. JUSTICE P.M NJOROGEJUDGE