[2021] KEELC 3220 (KLR)
The court found that the plaintiff, as the registered proprietor of the suit land, had established a prima facie case with a likelihood of success. The absence of a replying affidavit from the defendants meant that the plaintiff's allegations remained uncontroverted. The court further held that the destruction of...
Source-derived case information.
- Citation
- [2021] KEELC 3220 (KLR)
- Parties
- Plaintiff: Copana Limited; Defendant: Kisumu City Board; Defendant: County Government of Kisumu; Defendant: Raol Investment
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 10 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application
- Outcome
- interlocutory injunction granted
- Judges
- A Ombwayo
- Legal Topics
- Injunctive Relief, Prima Facie Case, Irreparable Damage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Copana Limited
Plaintiff
Kisumu City Board
Defendant
County Government of Kisumu
Defendant
Raol Investment
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the plaintiff has established a prima facie case with a likelihood of success to warrant the grant of interlocutory injunction.
- 2 Whether the plaintiff will suffer irreparable damage if the injunction is not granted.
Ratio Decidendi
The court found that the plaintiff, as the registered proprietor of the suit land, had established a prima facie case with a likelihood of success. The absence of a replying affidavit from the defendants meant that the plaintiff's allegations remained uncontroverted. The court further held that the destruction of structures on the suit land would result in irreparable damage to the plaintiff, which could not be adequately compensated by damages. Consequently, the court granted the interlocutory injunction as sought in prayers 4 and 5 of the notice of motion dated 8/2/2021, pending the hearing and determination of the main suit.
Court Disposition
interlocutory injunction granted
Orders
- Prayers 4 and 5 of the notice of motion dated 8/2/2021 are granted, restraining the defendants from interfering with the suit land pending the hearing and determination of the suit.
- Costs in the cause.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KISUMU
ELC CASE NO. 10 OF 2021
COPANA LIMITED.................................................................PLAINTIFF
-VERSUS-
KISUMU CITY BOARD...............................................1ST DEFENDANT
COUNTY GOVERNMENT OF KISUMU.................2ND DEFENDANT
RAOL INVESTMENT................................................3RD DEFENDANT
RULING
This matter came for hearing on 11/02/2021 in the presence of Mr. Odeny learned counsel for Plaintiff and M/s Awuor learned counsel for the 1st and 2nd Defendants. The court ordered that the respondents do file and serve the replying affidavit within 14 days. I have not seen the same and therefore I do find that the allegation by the plaintiff in the notice of motion dated 8/2/2021 are not controverted. I do find that the plaintiff has demonstrated that he has a prima facie case with a likelihood of success as he is the registered proprietor of the suit land. Moreover, if the structures on the suit land are destroyed, the plaintiff will suffer irreparable damage. I do grant prayers 4 and 5 of the notice of motion dated 8/2/2021. Costs in the cause.
Orders accordingly.
DATED AT KISUMU THIS 13TH 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