[2018] KEELC 2691 (KLR)
The court found that while the original order stopping developments on the suit land was intended to preserve the property pending determination of the main motion, the unique circumstances of the upcoming Meru Agricultural Show justified a partial review of the order. The court exercised its discretion to allow the...
Source-derived case information.
- Citation
- [2018] KEELC 2691 (KLR)
- Parties
- Plaintiff: David Keli Kiilu, Brown Ondego, Isaac Njogu, Nelson N. Ng’ombe (suing as the Registered Trustees of the Agricultural Society of Kenya); Defendant: County Government of Meru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 169 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Review of Injunctive Orders
- Outcome
- application allowed in part
- Legal Topics
- Interlocutory Injunctions, Review of Court Orders, Temporary Structures, Agricultural Showgrounds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Keli Kiilu, Brown Ondego, Isaac Njogu, Nelson N. Ng’ombe (suing as the Registered Trustees of the Agricultural Society of Kenya)
Plaintiff
County Government of Meru
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Review of Injunctive Orders
Legal Issues
- 1 Whether the court should review, vary or set aside its previous order stopping the plaintiff from carrying out developments on the suit land.
- 2 Whether the plaintiff should be allowed to renovate and make temporary structures on the Meru Showground in preparation for the agricultural show.
Ratio Decidendi
The court found that while the original order stopping developments on the suit land was intended to preserve the property pending determination of the main motion, the unique circumstances of the upcoming Meru Agricultural Show justified a partial review of the order. The court exercised its discretion to allow the applicant to proceed with necessary renovations and temporary structures solely for the purpose of conducting the agricultural show, balancing the need to preserve the suit property with the public interest in holding the event. The application was therefore allowed in part, permitting limited developments for the show only.
Court Disposition
application allowed in part
Orders
- The application dated 7.3.2018 is allowed partially for the applicant to continue with developments on the suit land with a view to conducting the agricultural shows only.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 169 OF 2008 AS CONSOLIDATED WITH
ELC NO. 44 OF 2015
DAVID KELI KIILU
BROWN ONDEGO
ISAAC NJOGU
NELSON N. NG’OMBE
(suing as the Registered Trustees of the Agricultural Society of Kenya) ......PLAINTIFF
VERSUS
COUNTY GOVERNMENT OF MERU.........................DEFENDANT/RESPONDENT
RULING
1. The application dated 7. 3.2018 is seeking the following orders;
(i) Spent.
(ii) That pending the ruling on the plaintiff’s motion dated 22. 6.2015, this honourable court be pleased to review, vary or set aside its order issued on 30. 7.2015 stopping the plaintiff from continuing with any new developments on the suit land or the completion of any uncompleted constructions and accordingly allow the plaintiff to renovate the Meru Showground and make temporary structures on the suit land which its condition has deteriorated in preparation of the Meru Agricultural show which is due to start on 6. 6.2018.
(iii) That upon granting the above order, this honourable court be pleased to set ruling date on the plaintiffs motion dated 22. 6.2015.
(iv) That this honourable court be pleased to make any further orders and relief as it may deem fit and just in the circumstances
(v) That the costs of this application be provided for.
2. Upon hearing the arguments by the applicant’s counsel, I proceed to give orders as follows; the application of 7. 3.2018 is allowed in the following terms;
(a) The application is allowed partially for the applicant to continue with the developments with a view to conducting the agricultural shows only.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 10th DAY OF MAY, 2018
HON. L. N. MBUGUA
ELC JUDGE