[2020] KEELC 3326 (KLR)
The court considered that the applicant claims occupation of the disputed land and alleges imminent risk of eviction and property damage by the 1st respondent following the dismissal of his case in the lower court. The applicant asserts that the lower court had previously granted a temporary injunction and that he...
Source-derived case information.
- Citation
- [2020] KEELC 3326 (KLR)
- Parties
- Appellant: Gerald M’Lingera M’Ibui; Respondent: M’Rugi wa Rugoi; Respondent: Land Adjudication & Settlement Officer Tigantia; Respondent: The Hon. The Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 11 of 2017
- Procedural Posture
- Civil Appeal / Interlocutory Application for Injunction Pending Appeal
- Outcome
- Application for temporary injunction not determined at ex parte stage; matter directed for inter partes hearing.
- Legal Topics
- Injunctions, Land Occupation Disputes, Eviction, Adjudication Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gerald M’Lingera M’Ibui
Appellant
M’Rugi wa Rugoi
Respondent
Land Adjudication & Settlement Officer Tigantia
Respondent
The Hon. The Attorney General
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application for Injunction Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a temporary injunction restraining the 1st respondent from interfering with the applicant's use and occupation of the disputed land pending appeal.
- 2 Whether the applicant faces risk of eviction or damage to property absent court protection.
- 3 Whether the court should preserve the status quo pending determination of the appeal.
Ratio Decidendi
The court considered that the applicant claims occupation of the disputed land and alleges imminent risk of eviction and property damage by the 1st respondent following the dismissal of his case in the lower court. The applicant asserts that the lower court had previously granted a temporary injunction and that he has a good appeal. The court found that, in the absence of the parties at the ex parte stage, it was appropriate to direct the application for inter partes hearing before the Honourable Lady Justice Lucy Mbugua. The court did not grant the substantive orders sought at this stage but ensured the matter would be heard expeditiously to determine whether interim protection is...
Court Disposition
Application for temporary injunction not determined at ex parte stage; matter directed for inter partes hearing.
Orders
- Application to be heard by Honourable Lady Justice Lucy Mbugua, ELC Judge, at Meru on 24th March, 2020.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
MERU ELC APPEAL CASE NO. 11 OF 2017
GERALD M’LINGERA M’IBUI..........................................................................APPELLANT
VERSUS
M’RUGI WA RUGOI...................................................................................1ST RESPONDENT
LAND ADJUDICATION & SETTLEMENT OFFICER TIGANTIA....2ND RESPONDENT
THE HON. THE ATTORNEY GENERAL................................................3RD RESPONDENT
RULING
1. This application is dated 28th February, 2020 and was brought to court under Certificate of urgency. It seeks orders:-
1. That this application be certified as urgent and be heard ex-parte in the first instance.
2. That pending the hearing of this application this honourable court be pleased to make a temporary order of injunction restraining the 1st respondent by himself, his servants, and/or agents and members of his family from evicting, entering, or in any way interfering with the applicant’s use and occupation of land parcel No. 4543 which was renamed to Tigania/Kianjai/5126 and Tigania/Kianjai 1/3390.
3. That pending the hearing and determination of this appeal this honourable court be pleased to issue an order of temporary injunction restraining the 1st respondent by himself, his servants, and/or agents and members of his family from evicting, entering, or in any way interfering with the applicant’s use and occupation of land parcel No. 4543 which was renamed to Tigania/Kianjai/5126 and Tigania/Kianjai I/3390.
4. That costs of this application be provided for.
2. The application is supported by the applicant’s affidavit and has the following grounds:
a) That the land subject matter of this appeal is occupied by the applicant.
b) That during the pendency of the case before the lower court the court had ordered temporary injunction restraining the 1st respondent from constructing any manner of structures and/or carrying on any developments on the applicant’s land.
c) That after the summary dismissal of the applicant’s case the 1st respondent wants to evict the applicant forcibly and damage his property.
d) That the applicant remains unprotected although he has a good appeal.
e) That the intervention of the court is necessary so that the applicant’s life and his property can be preserved and protected until the court is able to hear and determine the appeal.
3. At the exparte stage the applicant was not in court.
4. It is directed that the application be heard by the Honourable Lady Justice Lucy Mbugua, ELC Judge, at Meru on 24th March, 2020.
Delivered in open Court at Chuka this 11th day of March, 2020 in the presence of:
CA: Ndegwa
Parties not in court
P. M. NJOROGE,
JUDGE.