[2017] KEELC 3096 (KLR)
The court found that at the interlocutory stage, it was not possible to conclusively determine whether the disputed parcel of land was Nairobi/Block 63/398 or Nairobi/Block 63/393, as claimed by the respective parties. Given this uncertainty and the fact that both parties were asserting rights over the same parcel...
Source-derived case information.
- Citation
- [2017] KEELC 3096 (KLR)
- Parties
- Plaintiff: Francis Eric Wasuna; Plaintiff: Ruth Wasuna; Defendant: Eunice Njeri Njeru; Defendant: Wilson Muteru; Defendant: County Government of Nairobi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 783 of 2014
- Procedural Posture
- Notice of Motion / Interlocutory Application Ruling
- Outcome
- application dismissed
- Judges
- MM Gitumbi
- Legal Topics
- Land Ownership Dispute, Vacant Possession, Interlocutory Injunctions
- 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
Francis Eric Wasuna
Plaintiff
Ruth Wasuna
Plaintiff
Eunice Njeri Njeru
Defendant
Wilson Muteru
Defendant
County Government of Nairobi
Defendant
Procedural Posture
Notice of Motion / Interlocutory Application Ruling
Legal Issues
- 1 Whether the plaintiffs are entitled to interlocutory relief over parcel Nairobi/Block 63/398 pending trial.
- 2 Whether the disputed parcel is Nairobi/Block 63/398 or Nairobi/Block 63/393.
Ratio Decidendi
The court found that at the interlocutory stage, it was not possible to conclusively determine whether the disputed parcel of land was Nairobi/Block 63/398 or Nairobi/Block 63/393, as claimed by the respective parties. Given this uncertainty and the fact that both parties were asserting rights over the same parcel on the ground, the court determined that the appropriate course was to preserve the status quo by ordering that the suit property remain in vacant possession pending the hearing and determination of the suit. The plaintiffs' application for interlocutory relief was dismissed, and costs were ordered to be in the cause. The matter was directed to proceed to pre-trial conference...
Court Disposition
application dismissed
Orders
- Notice of Motion dated 16/6/2014 is dismissed.
- The suit property shall remain in vacant possession pending the hearing and determination of the suit.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
MILIMANI LAW COURTS
ELC. CASE NO. 783 OF 2014
FRANCIS ERIC WASUNA.…………………………….. 1ST PLAINTIFF
RUTH WASUNA…………………………………………...2ND PLAINTIFF
VERSUS
EUNICE NJERI NJERU ……………..……………......1ST DEFENDANT
WILSON MUTERU……………………………………..2ND DEFENDANT
COUNTY GOVERNMENT OF NAIROBI….….....……3RD DEFENDANT
RULING
I have considered Notice of Motion dated 16th June 2014 and the Supporting Affidavit of the 1st Plaintiff. The Plaintiffs are laying claim to a parcel of land identified as Nairobi/Block 63/398 in Jamhuri Phase II.
The 1st Defendant, who is opposing the application, filed her Replying Affidavit sworn on 20/6/2014 in which she claims a parcel of land identified as Nairobi/Block 63/393. On the ground though, the Plaintiffs and the 1st Defendant are claiming the same parcel of land. At this interlocutory juncture of this suit, it is not possible to conclusively determine whether the disputed parcel of land is Nairobi/Block 63/398 of 383. That being the position, the court hereby directs that the suit property remain in vacant possession pending the hearing and determination of this suit.
Notice of Motion dated 16/6/2014 is accordingly dismissed.
Costs in the cause. A date for pre-trial conference be allocated before the Deputy Registrar to pave the way to full trial of this suit.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 17TH DAY OF MARCH 2017.
MARY M. GITUMBI
JUDGE