[2009] KEHC 1619 (KLR)
The court found that both parties agreed on the necessity of preserving the suit premises pending the full hearing and determination of the suit. The judge held that maintaining the status quo was the most just and prudent course of action in the circumstances. The court declined to grant the prayer for demolition...
Source-derived case information.
- Citation
- [2009] KEHC 1619 (KLR)
- Parties
- Plaintiff: Hatimy Group; Defendant: Dzombo Mwagambo & 13 Others
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Case 69 of 2009
- Procedural Posture
- Civil Case / Ruling on Chamber Summons (interlocutory Application)
- Outcome
- Application allowed in part; prayers (b) and (c) granted, prayer (d) (demolition) refused; costs in the cause.
- Judges
- JV Juma
- Legal Topics
- Preservation of Property, Interlocutory Injunctions, Status Quo Orders
- 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
Hatimy Group
Plaintiff
Dzombo Mwagambo & 13 Others
Defendant
Procedural Posture
Civil Case / Ruling on Chamber Summons (interlocutory Application)
Legal Issues
- 1 Whether the suit premises should be preserved pending the hearing and determination of the suit.
- 2 Whether the court should grant an order for demolition of structures on the suit premises.
Ratio Decidendi
The court found that both parties agreed on the necessity of preserving the suit premises pending the full hearing and determination of the suit. The judge held that maintaining the status quo was the most just and prudent course of action in the circumstances. The court declined to grant the prayer for demolition of structures, buildings, or houses on the suit premises, finding such an order inappropriate at the interlocutory stage. The application was allowed only to the extent of preserving the suit premises as per prayers (b) and (c) of the application, with costs in the cause.
Court Disposition
Application allowed in part; prayers (b) and (c) granted, prayer (d) (demolition) refused; costs in the cause.
Orders
- The suit premises (Plot Nos. 203, 204, 967 and 222/I/MN Kisauni Mombasa) shall be preserved pending the hearing and determination of the suit.
- Prayer for demolition of any structures, buildings, or houses on the suit premises is declined.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA
Civil Case 69 of 2009
HATIMY GROUP.............................................................PLAINTIFF
VERSUS
DZOMBO MWAGAMBO & 13 OTHERS..............DEFENDANTS
*************************
RULING
This is the Chamber Summons dated 4th April 2007 by which the Plaintiff/Applicants seek various orders as against the Defendant/Respondent with respect to Plot Nos. 203, 204, 967 and 222/I/MN Kisauni Mombasa (hereinafter called the suit premises). I have listened to and have carefully considered the submissions of Mr. Kinyua for the Plaintiff/Applicants and Mr. Kenga for the Defendant/Respondent. I have also perused and considered the relevant annextures. It is quite clear that both parties are agreed that the suit premises be preserved pending a full hearing and determination of the suit. As a court I do agree that this is the most just and prudent course of action in the circumstances. It is my view that the status quo ought to be preserved in the meantime and for this reason I decline to grant prayer (d) of the application which seeks the demolition of any structures, buildings or houses on the suit premises. I therefore allow this application in terms of prayers (b) and (c) thereof. Costs in the cause.
Dated and delivered at Mombasa this 28th day of July 2009.
M. ODERO
JUDGE
Read in open court in the presence of:
Mr. Wachira holding brief for Mr. Kinyua for Applicants
Mr. Mbuya holding brief for Mr. Okanga for Respondent
M. ODERO
JUDGE
28. 7.2009