[2018] KEELC 3698 (KLR)
The court found that the suit land is currently in the possession and use of Kitale Main Prison, a high security institution, and that the plaintiffs' application for interlocutory injunctions would not be appropriate at this stage. The court emphasized that the parties should ventilate their cases on the merits at...
Source-derived case information.
- Citation
- [2018] KEELC 3698 (KLR)
- Parties
- Plaintiff: Fredrick W. Barasa; Plaintiff: Maxwell Musungu; Plaintiff: Henry Onzere Moseti; Plaintiff: Monica Mokeira Mangera; Defendant: Farm Manager Kitale Main Prison; Defendant: The Attorney General; Defendant: Trans-Nzoia Land Registrar
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 166 of 2017
- Procedural Posture
- Land Case / Ruling on Interlocutory Injunction Applications
- Outcome
- All previous injunctive orders against the defendants are discharged. Applications for interlocutory injunctions are declined.
- Judges
- FM Njoroge
- Legal Topics
- Injunctions, Land Access Disputes, Public Land Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick W. Barasa
Plaintiff
Maxwell Musungu
Plaintiff
Henry Onzere Moseti
Plaintiff
Monica Mokeira Mangera
Plaintiff
Farm Manager Kitale Main Prison
Defendant
The Attorney General
Defendant
Trans-Nzoia Land Registrar
Defendant
Procedural Posture
Land Case / Ruling on Interlocutory Injunction Applications
Legal Issues
- 1 Whether the plaintiffs are entitled to interlocutory injunctive orders restraining the defendants from utilizing or interfering with the suit parcels of land.
- 2 Whether the balance of convenience and interests of justice require the maintenance of the status quo pending hearing of the main suit.
Ratio Decidendi
The court found that the suit land is currently in the possession and use of Kitale Main Prison, a high security institution, and that the plaintiffs' application for interlocutory injunctions would not be appropriate at this stage. The court emphasized that the parties should ventilate their cases on the merits at the main hearing, rather than through interim orders. Consequently, all previous injunctive orders were discharged, and the parties were directed to set the main suit for hearing to adjudicate their rights with finality.
Court Disposition
All previous injunctive orders against the defendants are discharged. Applications for interlocutory injunctions are declined.
Orders
- All previous injunctive orders issued against the defendants are discharged.
- The parties are required to fix the main suit for hearing on the merits.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 166 OF 2017
FREDRICK W. BARASA................................................1ST PLAITNIFF
MAXWELL MUSUNGU................................................2ND PLAITNIFF
HENRY ONZERE MOSETI..........................................3RD PLAITNIFF
MONICA MOKEIRA MANGERA...............................4TH PLAITNIFF
VERSUS
FARM MANAGER KITALE MAIN PRISON...........1ST DEFENDANT
THE ATTORNEY GENERAL....................................2ND DEFENDANT
TRANS-NZOIA LAND REGISTRAR.......................3RD DEFENDANT
R U L I N G
1. This court has two applications before it; the application dated 13/10/2017 and the one dated 17/11/2017. Both seek orders of injunction against the defendants to restrain them from utilizing or interfering with parcels of land known as Kapkoi/Mabonde Block 1/Ex Prison/496, 474, 475, 478, 495, 597and498.
2. Before the parties filed their submissions this court on 31/1/2018 issued a directive that the Deputy Registrar of this court do visit the disputed land and issue a report. She did so on 22/2/2018 and filed a Report in the record.
3. From the report of the Deputy Registrar, the suit land can only be accessed through the main gate to the Prison which the court takes judicial notice, is a high security institution. The suit land is also said to be on orchard that is under the cultivation of the Prisons Department, on which they conduct training of convicts on grafting of mangoes and avocados and it is maintained by the Kitale Main Prisons.
4. For this reason, I belief that the Prison being a sensitive institution and the first and second defendants being in possession of the suit land, it would be not necessary to issue the orders of injunction sought by the plaintiffs at the moment. I find that this is a suit in which the parties should ventilate their cases on their merits and have the decision that adjudicates their rights with finality at the end of the legal process.
5. For that reason, all previous injunctive orders issued by this court against defendants in this matter are discharged and the parties are required to fix the main suit for hearing on the merits.
Dated, signed and delivered at Kitale on this25thday of April, 2018.
MWANGI NJOROGE
JUDGE
25/4/2018
Coram:
Before: Mwangi Njoroge, Judge
Court Assistant - Picoty
Mr. Kiarie holding brief for Odongo for defendants
Mr. Analo holding brief for Shikhule for plaintiffs
COURT
Ruling read in open court.
MWANGI NJOROGE
JUDGE
25/4/2018