[2016] KEHC 5039 (KLR)

[2016] KEHC 5039 (KLR)

The court found it appropriate to order that the status quo in respect of land parcel S. Mateka/W.Bukusu/241 be maintained pending the hearing and final determination of the case. This was to ensure that the subject matter is preserved and not rendered nugatory by actions of either party before the substantive...

Source-derived case information.

Citation
[2016] KEHC 5039 (KLR)
Parties
Respondent: Haneriko Namake; Respondent: Daniel Wakhungu; Respondent: Dennis Wakhungu
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Case Number
Environment & Land Case 187 of 2014
Procedural Posture
Environment and Land Case / Interlocutory Ruling on Application for Status Quo Orders
Outcome
Status quo order granted pending hearing and determination.
Legal Topics
Status Quo Orders, Estate Disputes, Interlocutory Injunctions
Source Language
en
Land and Property Status Quo Orders Estate Disputes Interlocutory Injunctions

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Parties

Haneriko Namake

Respondent

Daniel Wakhungu

Respondent

Dennis Wakhungu

Respondent

Procedural Posture

Environment and Land Case / Interlocutory Ruling on Application for Status Quo Orders

Legal Issues

  1. 1 Whether the status quo in respect of land parcel S. Mateka/W.Bukusu/241 should be maintained pending the hearing and determination of the case.
  2. 2 Whether the subject matter value of Kshs. 65,000/= affects the interim relief sought.

Ratio Decidendi

The court found it appropriate to order that the status quo in respect of land parcel S. Mateka/W.Bukusu/241 be maintained pending the hearing and final determination of the case. This was to ensure that the subject matter is preserved and not rendered nugatory by actions of either party before the substantive issues are heard and determined. The court also noted the stated value of the subject matter as Kshs. 65,000/= and directed that the matter be fixed for hearing.

Court Disposition

Status quo order granted pending hearing and determination.

Orders

  • The status quo of S. Mateka/W.Bukusu/241 shall be maintained pending the hearing and final determination of this case.
  • The matter should be fixed for hearing.