[2013] KEHC 6682 (KLR)
The court found that since the 1st and 3rd defendants did not oppose the order for maintenance of status quo, and the remaining defendants were absent and did not express opposition, it was appropriate to grant an order preserving the status quo as it existed on the ground as of 17th September 2013. This would...
Source-derived case information.
- Citation
- [2013] KEHC 6682 (KLR)
- Parties
- Plaintiff: Elijah Muthuri; Defendant: Japhet Mwarania & 18 Others
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 192 of 2013
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction Application
- Outcome
- Application marked as settled with an order for maintenance of status quo.
- Legal Topics
- Injunctive Relief, Status Quo Orders, Land Allocation Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Muthuri
Plaintiff
Japhet Mwarania & 18 Others
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff is entitled to an interlocutory injunction restraining the defendants from dealing with the disputed plots pending determination of the suit.
- 2 Whether an order for maintenance of status quo should be granted in the circumstances.
Ratio Decidendi
The court found that since the 1st and 3rd defendants did not oppose the order for maintenance of status quo, and the remaining defendants were absent and did not express opposition, it was appropriate to grant an order preserving the status quo as it existed on the ground as of 17th September 2013. This would ensure that the subject matter of the dispute—plots Nos. A to E in Mwangaza area—remained undisturbed pending the hearing and determination of the suit. The application was therefore marked as settled on these terms.
Court Disposition
Application marked as settled with an order for maintenance of status quo.
Orders
- An order of maintenance of status quo as prevailed on the ground on 17.9.2013 is granted.
- Costs will be in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT M ERU
E & L CASE NO. 192 OF 2013
ELIJAH MUTHURI..................................................................................PLAINTIFF
VERSUS
JAPHET MWARANIA & 18 OTHERS.................................................DEFENDANT
R U L I N G
The application herein is dated 18th July, 2013 and seeks orders:
1. THAT this Honourable Court be pleased to certify this application as urgent and sevice of the same be dispensed with at the first instance.
2. THAT this Honourbale Court be pleased to issue orders of injunction restraining the Respondents either by themselves, their agents, sevants, employees or anyone acting on their behalf from entering, developing, constructing, cultivating, fencing or in any other way develoing plots Nos. A to E allocated within Mwangaza area of Isiolo towship irregularly allocated to the Respondents and categorized as commercial or light industries vide PDP Nos. ISL/117/98/330 and ISL/117/96/67 pending the hearing and determinatin of this Application and suit.
3. And or in ther alternaitve, the Court to grant orders of status quo.
4. THAT costs of this Application be provided for.
Prayer is spent.
During interpartes hearing only the 1st and 3rd defendants were in the Court or represented by an advocate.
Mrs. Kaume for the plaintiffs/applicants said that she was relyiong on the grounds on the face of the Notice of Motion, apposite affidavits and annextures. She pinted out that prayer 3, in the alternative was for the Corut to grant orders of status quo. Mr. Muriithi for the 1st and 3rd defendants stated that he was not opposed to an order of maintenance of status quo being granted. In the absence of the other defendants, except
1st and 3rd defendants, I deem that they are not opposed to the grant of an order of maintenance of status quo.
I, consequently, grant the following orders:
1. An order of maintenance if status quo as prevailed on the ground on 17. 9.2013.
2. Costs will in in the cause.
3. This appication is marked as settled.
Written, dated and delivered in open Court at meru this 17th day of Septemebr, 2013 in the presence of:
Cc. Daniel
Mrs. Kaume for Appplicant
Muriithi h/b Rimita for 1st and 3rd defendants.
P. M. NJOROGE JUDGE