[2020] KEELC 1326 (KLR)

[2020] KEELC 1326 (KLR)

The court found that the Plaintiff failed to demonstrate a prima facie case for the grant of an interim injunction, as there was insufficient evidence of exclusive possession or current use of the suit properties. The Plaintiff's delay in prosecuting her application for interim orders further disentitled her to equitable relief. Regarding the 7th Defendant's application for dismissal for want of prosecution, the court held that the delay was not inordinate or inexcusable, considering the backlog at the Environment and Land Court and the impact of the Covid-19 pandemic. There was no evidence of prejudice to the Defendants if the suit proceeded. Consequently, both applications lacked merit...

Citation
[2020] KEELC 1326 (KLR)
Parties
Plaintiff: Efureith Irima Mbogo; Defendant: Ibara Mwaniki; Defendant: Peterson Wambugu; Defendant: Mwangi Muthinji alias Moses Mwangi Muthinji; Defendant: Kahariri Buri Karugu; Defendant: Josiah Wambua Silas alias Josiah Kinyua Muchina; Defendant: Douglas Kirinyu Mathenge alias Douglas Kirunyu Mwangi Mathenge; Defendant: Moffat Muriithi Kangi
Court
Environment and Land Court
Court Station
Environment and Land Court at Embu
Jurisdiction
Kenya
Judgment Date
24 September 2020
Case Number
Environment & Land Case 72 of 2017
Procedural Posture
Originating Summons / Ruling on Interlocutory Applications (injunction and Dismissal for Want of Prosecution)
Outcome
Both the Plaintiff's application for interim injunction and the 7th Defendant's application for dismissal for want of prosecution are dismissed. Costs of both applications shall be in the cause.
Legal Topics
Adverse Possession, Interlocutory Injunctions, Dismissal for Want of Prosecution, Joinder of Parties
Source Language
English
Land and Property Civil Procedure Adverse Possession Interlocutory Injunctions Dismissal for Want of Prosecution Joinder of Parties

Case Brief

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Parties

Efureith Irima Mbogo

Plaintiff

Ibara Mwaniki

Defendant

Peterson Wambugu

Defendant

Mwangi Muthinji alias Moses Mwangi Muthinji

Defendant

Kahariri Buri Karugu

Defendant

Josiah Wambua Silas alias Josiah Kinyua Muchina

Defendant

Douglas Kirinyu Mathenge alias Douglas Kirunyu Mwangi Mathenge

Defendant

Moffat Muriithi Kangi

Defendant

Procedural Posture

Originating Summons / Ruling on Interlocutory Applications (injunction and Dismissal for Want of Prosecution)

Legal Issues

  1. 1 Whether the Plaintiff has made out a case for the grant of an interim injunction in terms of her notice of motion dated 15th February 2018.
  2. 2 Whether the 7th Defendant has made out a case for dismissal of the suit for want of prosecution.
  3. 3 Who shall bear costs of the two applications?

Ratio Decidendi

The court found that the Plaintiff failed to demonstrate a prima facie case for the grant of an interim injunction, as there was insufficient evidence of exclusive possession or current use of the suit properties. The Plaintiff's delay in prosecuting her application for interim orders further disentitled her to equitable relief. Regarding the 7th Defendant's application for dismissal for want of prosecution, the court held that the delay was not inordinate or inexcusable, considering the backlog at the Environment and Land Court and the impact of the Covid-19 pandemic. There was no evidence of prejudice to the Defendants if the suit proceeded. Consequently, both applications lacked merit...

Court Disposition

Both the Plaintiff's application for interim injunction and the 7th Defendant's application for dismissal for want of prosecution are dismissed. Costs of both applications shall be in the cause.

Orders

  • The Plaintiff's notice of motion dated 15th February 2018 is dismissed.
  • The 7th Defendant's notice of motion dated 29th May 2020 is dismissed.