[2014] KEHC 269 (KLR)
The court found that the application for an interlocutory injunction was unopposed and that there was evidence of proper service upon the defendant. In the absence of opposition, and upon considering the prayers sought, the court allowed the application in terms of prayer 3, thereby granting an interlocutory...
Source-derived case information.
- Citation
- [2014] KEHC 269 (KLR)
- Parties
- Plaintiff: Diocese of Meru Trustees Registered; Defendant: The County Government of Meru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 167 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Injunctions, Land Disputes, Public Roads, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Diocese of Meru Trustees Registered
Plaintiff
The County Government of Meru
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to an interlocutory injunction restraining the defendant from interfering with the use of L.R No. Amwathi/Maua/3803 and 6610.
- 2 Whether the defendant was properly served with the application.
Ratio Decidendi
The court found that the application for an interlocutory injunction was unopposed and that there was evidence of proper service upon the defendant. In the absence of opposition, and upon considering the prayers sought, the court allowed the application in terms of prayer 3, thereby granting an interlocutory injunction restraining the defendant from interfering with the plaintiff's use of the specified parcels of land pending the hearing and determination of the suit. Costs were ordered to be in the cause.
Court Disposition
application allowed
Orders
- An interlocutory injunction is issued restraining the defendant, its agents, servants, or employees from entering, interfering, damaging, or in any way disturbing the plaintiff's use of L.R No. Amwathi/Maua/3803 and 6610 by attempting to reopen the road passing through or between St Paul Maua Primary School and Maua...
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L NO. 167 OF 2014
DIOCESE OF MERU TRUSTEES REGISTERED..................................PLAINTIFF
VS
THE COUNTY GOVERNMENT OF MERU........................................DEFENDANT
RULING
This application by the plaintiff is dated 30th October, 2014. It seeks the following orders.
That this application be certified urgent and be heard ex-parte in the first instance.
That pending the hearing of this application inter-partes this Honourable court be pleased to issue an order of injunction retraining the defendant by itself, its agents, servants or employees or anybody whomsoever acting for the defendant from entering, interfering damaging or in any way disturbing the plaintiff's use of L.R No. Amwathi/Maua/3803 and 6610 by attempting to reopen the road passing through or between St Paul Maua Primary School and Maua Girls Secondary School.
That pending the hearing and determination of this suit this Honourable court be pleased to issue an order of injunction retraining the defendant by itself, its agents, servants or employees or anybody whomsoever acting for the defendant from entering, interfering damaging or in any way disturbing the plaintiff's use of L.R No. Amwathi/Maua/3803 and 6610 by attempting to reopen the road passing through or between St Paul Maua Primary School and Maua Girls Secondary School.
That the costs of this application be provided for.
When the application came up for inter-partes hearing was not opposed. There is a certificate of service showing that the defendant was properly served.
In the circumstances, the application is allowed in terms of prayer 3 of the application. Cost shall be in the cause.
It is so ordered.
Delivered in open court at Meru this 12th day of November, 2014 in the presence of;
Arimi/Lilian.
Rimita for the applicant.
P. M. NJOROGE
JUDGE