[2020] KEELC 331 (KLR)
The court found it necessary to preserve the subject matter of the dispute, namely the suit land, by maintaining the status quo until the scheduled date for the ruling on the substantive application. This was to ensure that the rights of the parties were not prejudiced and that the court's eventual decision would...
Source-derived case information.
- Citation
- [2020] KEELC 331 (KLR)
- Parties
- Applicant: Esther Mpandi Muchena (Suing as administrator of the estate of Muchena M’Arimi - deceased); Respondent: Thomas Kinoti
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 12 of 2019
- Procedural Posture
- Originating Summons / Interlocutory Ruling on Status Quo Pending Application
- Outcome
- Status quo order granted pending ruling on application.
- Legal Topics
- Status Quo Orders, Interlocutory Injunctions, Estate Administration
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Mpandi Muchena (Suing as administrator of the estate of Muchena M’Arimi - deceased)
Applicant
Thomas Kinoti
Respondent
Procedural Posture
Originating Summons / Interlocutory Ruling on Status Quo Pending Application
Legal Issues
- 1 Whether the court should grant an order of status quo in respect of the suit land pending determination of the application dated 13.2.2020.
Ratio Decidendi
The court found it necessary to preserve the subject matter of the dispute, namely the suit land, by maintaining the status quo until the scheduled date for the ruling on the substantive application. This was to ensure that the rights of the parties were not prejudiced and that the court's eventual decision would not be rendered nugatory by any intervening acts affecting the land. The court exercised its discretion to grant the status quo order in the interests of justice and to maintain the integrity of the proceedings.
Court Disposition
Status quo order granted pending ruling on application.
Orders
- Status quo appertaining to the suit land to be maintained until 3.2.2021.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC (O.S) CASE NO. 12 OF 2019
ESTHER MPANDI MUCHENA (Suing as administrator of the estate of
Muchena M’Arimi -deceased) PLAINTIFF/APPLICANT
VERSUS
THOMAS KINOTI.........................................DEFENDANT/RESPONDENT
RULING
1. A ruling in respect of the application dated 13. 2. 2020 is scheduled on 3. 2.2021. In the intervening period, this court has been urged to grant an order of status quo. I direct that status-quo appertaining to the suit land be maintained until 3. 2.2021.
DATED, SIGNED AND DELIVERED AT MERU THIS 14TH DAY OF DECEMBER, 2020
HON. LUCY. N. MBUGUA
ELC JUDGE
ORDER
The date of delivery of this Ruling was given via a notice dated 7. 12. 2020. In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this Ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA
ELC JUDGE