[2023] KEELC 17801 (KLR)

[2023] KEELC 17801 (KLR)

The court found that the respondents, despite being properly served, failed to appear or oppose the application for a temporary injunction. The applicant established a prima facie case for the grant of interim relief to prevent ongoing or imminent environmental and land degradation at Isiolo Holding Ground. The...

Source-derived case information.

Citation
[2023] KEELC 17801 (KLR)
Parties
Applicant: Isiolo Ground Users Association (Suing through its officials); Respondent: Isiolo Sand Transporters Association; Respondent: County Government Of Isiolo; Respondent: Isiolo Sand Loaders Association
Court
Environment and Land Court
Court Station
Environment and Land Court at Isiolo
Jurisdiction
Kenya
Case Number
Environment & Land Petition 1 of 2023
Procedural Posture
Environment and Land Petition / Ruling on Interlocutory Application for Temporary Injunction
Outcome
Application for temporary injunction allowed as prayed in prayers 2 and 3.
Judges
PM Njoroge
Legal Topics
Temporary Injunctions, Environmental Degradation, Land Use Disputes
Source Language
en
Environmental Law Land and Property Temporary Injunctions Environmental Degradation Land Use Disputes

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Isiolo Ground Users Association (Suing through its officials)

Applicant

Isiolo Sand Transporters Association

Respondent

County Government Of Isiolo

Respondent

Isiolo Sand Loaders Association

Respondent

Procedural Posture

Environment and Land Petition / Ruling on Interlocutory Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from engaging in activities causing land and environmental degradation on Isiolo Holding Ground pending determination of the petition.
  2. 2 Whether the application is unopposed due to non-appearance of the respondents despite proper service.

Ratio Decidendi

The court found that the respondents, despite being properly served, failed to appear or oppose the application for a temporary injunction. The applicant established a prima facie case for the grant of interim relief to prevent ongoing or imminent environmental and land degradation at Isiolo Holding Ground. The court determined that, in the absence of opposition and given the urgency and nature of the relief sought, it was appropriate to grant the temporary injunction as prayed in prayers 2 and 3 of the application. Costs were ordered to be in the cause, and the applicant was directed to serve the orders on the respondents within five days.

Court Disposition

Application for temporary injunction allowed as prayed in prayers 2 and 3.

Orders

  • A temporary injunction is granted restraining the respondents, their agents, servants, assignees and/or anyone at their behest from entering, trespassing, harvesting sand, excavating murram, burning charcoal or otherwise engaging in any other activities or land and environment degradation of Isiolo Holding Ground...
  • A temporary injunction is granted restraining the respondents, their agents, servants, assignees and/or anyone at their behest from entering, trespassing, harvesting sand, excavating murram, burning charcoal or otherwise engaging in any other activities of land and environment degradation of Isiolo Holding Ground...