[2015] KEHC 2691 (KLR)
The court found that the plaintiff failed to attend the hearing of the application for a temporary injunction on the scheduled date, despite the matter having been fixed by consent. In the absence of the applicant or any explanation for non-attendance, the court exercised its discretion to dismiss the application....
Source-derived case information.
- Citation
- [2015] KEHC 2691 (KLR)
- Parties
- Plaintiff: Issa Adam Bachoo (suing as legal Administrator of the Estate of Haji Taib Umar (Deceased)); Defendant: Muktar Abdul Wahab; Defendant: Fatuma Abdul Wahab
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 201 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction Application
- Outcome
- application dismissed for non-appearance
- Judges
- FM Njoroge
- Legal Topics
- Temporary Injunctions, Ownership Disputes, Apportionment of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issa Adam Bachoo (suing as legal Administrator of the Estate of Haji Taib Umar (Deceased))
Plaintiff
Muktar Abdul Wahab
Defendant
Fatuma Abdul Wahab
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendants from interfering with plot No.166 Wabera Isiolo township pending determination of the application.
- 2 Whether the application should be dismissed due to non-appearance of the applicant.
Ratio Decidendi
The court found that the plaintiff failed to attend the hearing of the application for a temporary injunction on the scheduled date, despite the matter having been fixed by consent. In the absence of the applicant or any explanation for non-attendance, the court exercised its discretion to dismiss the application. The dismissal was made with costs to be in the cause, reflecting the procedural default rather than a determination on the merits of the substantive dispute over the land.
Court Disposition
application dismissed for non-appearance
Orders
- The plaintiff's application dated 24th July 2013 is dismissed with costs to be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L CASE NO. 201 OF 2013
ISSA ADAM BACHOO (suing as legal Administrator of the Estate of
HAJI TAIB UMAR (DECEASED).................................................................PLAINTIFF
VERSUS
MUKTAR ABDUL WAHAB...............................................................1ST DEFENDANT
FATUMA ABDUL WAHAB...............................................................2ND DEFENDANT
R U L I N G
This application is dated 24th July, 2013 and seeks orders
(a) That this application because of its nature be certified urgent and same be heard on priority basis.
(b) That the honourable court be pleased to issue an order of temporary injunction restraining the defendants by themselves, their agents, assigns and or persons acting at their behest from purporting to apportion to themselves any portion of plot No.166 Wabera Isiolo township, constructing any structure of any kind and or in any way interfering with the ownership, constructing any structure of any kind and or in any way interfering with the ownership of plot No.166 Wabera (isiolo) pending the hearing and determination of this application.
(c) That the Honourable court be pleased to issued such other and or better orders as may meet the ends of justices.
(d) That costs of this application be provided for.
Prayer (a) is spent. On 12. 3.2013 the parties by consent, agreed to have the application heard on 7. 4.2014. On that day there was no appearance for the applicant. In the circumstances, the plaintiff's application dated 24. 7.2013 is dismissed with costs to be in the cause.
It is so ordered.
Delivered in Open Court a t Meru this 7th day of April, 2014 in the presence of:
Cc Daniel
Miss Kiome for Defendant/Respondent
P. M. NJOROGE
JUDGE