[2017] KEELC 3059 (KLR)
The court found that the plaintiff had not demonstrated any new evidence, error, or sufficient reason to warrant review of the previous ruling denying a temporary injunction. There was no evidence that the suit property was under any form of jeopardy since the initial ruling, and the review application itself had...
Source-derived case information.
- Citation
- [2017] KEELC 3059 (KLR)
- Parties
- Plaintiff: Embakasi Housing Company Ltd; Defendant: The Chief Registrar Ministry of Lands
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 482 of 2014
- Procedural Posture
- Notice of Motion / Ruling on Application for Review of Interlocutory Injunction
- Outcome
- application dismissed
- Judges
- MM Gitumbi
- Legal Topics
- Interlocutory Injunctions, Review of Orders, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Embakasi Housing Company Ltd
Plaintiff
The Chief Registrar Ministry of Lands
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Review of Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff has demonstrated sufficient grounds for review of the court's ruling denying a temporary injunction.
- 2 Whether there is any evidence of jeopardy to the suit property warranting review of the previous order.
Ratio Decidendi
The court found that the plaintiff had not demonstrated any new evidence, error, or sufficient reason to warrant review of the previous ruling denying a temporary injunction. There was no evidence that the suit property was under any form of jeopardy since the initial ruling, and the review application itself had been pending for over two years without any adverse developments. The court emphasized that the plaintiff should focus on setting the suit down for hearing to resolve the substantive ownership dispute, rather than seeking interlocutory relief without basis. Accordingly, the application for review was dismissed.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 27/10/14 is dismissed.
- Costs in the cause.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
MILIMANI LAW COURTS
ELC. CASE NO. 482 OF 2014
EMBAKASI HOUSING COMPANY LTD……..………….........PLAINTIFF
VERSUS
THE CHIEF REGISTRAR MINISTRY OF LANDS…….….....DEFENDANT
RULING
The application before me for determination is for Plaintiff’s Notice of Motion dated 27/10/14 in which the Plaintiff seeks a review of this court’s ruling delivered on 19th September 2014.
The ruling dismissed the Plaintiff’s prayer for a temporary injunction pending the hearing and determination of this suit. Since that date todate, the Plaintiff has not demonstrated that the suit property is under any form of jeopardy. Indeed, even the review application has been pending for well over 2 years and there have been no adverse happenings.
Overall, I consider that the Plaintiff should put effort in placing the suit for hearing to enable the court finally determine the question of the ownership of the suit property. The being the position, the Notice of Motion dated 27/10/14 is hereby dismissed. Costs in the cause. A date for the pre-trial conference to be fixed before the Deputy Registrar to pave way to the full hearing of this suit.
DELIVERED, SIGNED AND DATED AT NAIROBI THIS 7TH DAY OF APRIL 2017.
MARY M. GITUMBI
JUDGE