[2017] KEELC 2524 (KLR)
The court found that the plaintiff had established a prima facie case for the grant of a temporary injunction, supported by evidence of residence and damage to the land, and that the application was unopposed as the defendants failed to file any defence or response. The balance of convenience favoured maintaining...
Source-derived case information.
- Citation
- [2017] KEELC 2524 (KLR)
- Parties
- Plaintiff: Jackson Nangiro Limareng; Defendant: Peter Lodiolem; Defendant: David Juma Alukulem; Defendant: William Atodo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 101 of 2015
- Procedural Posture
- Land Case / Ruling on Interlocutory Injunction Application
- Outcome
- temporary injunction granted; costs in the cause
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Injunctions, Trespass, Possession Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Nangiro Limareng
Plaintiff
Peter Lodiolem
Defendant
David Juma Alukulem
Defendant
William Atodo
Defendant
Procedural Posture
Land Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendants from interfering with his possession of 75 acres on Kongelai Group Ranch pending determination of the suit.
Ratio Decidendi
The court found that the plaintiff had established a prima facie case for the grant of a temporary injunction, supported by evidence of residence and damage to the land, and that the application was unopposed as the defendants failed to file any defence or response. The balance of convenience favoured maintaining the status quo to prevent further harm to the plaintiff's possession of the land pending the hearing and determination of the suit. Accordingly, the court granted the temporary injunction as sought in the application.
Court Disposition
temporary injunction granted; costs in the cause
Orders
- A temporary injunction is issued restraining the defendants, their servants and/or agents from trespassing upon, cutting trees, fencing, erecting structures and/or in any other way interfering with the plaintiff's possession of seventy five (75) acres on Kongelai Group Ranch, West Pokot County pending the hearing...
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KITALE
LAND CASE NO. 101 OF 2015
JACKSON NANGIRO LIMARENG......................................PLAINTIFF
VERSUS
PETER LODIOLEM...................................................1ST DEFENDANT
DAVID JUMA ALUKULEM......................................2ND DEFENDANT
WILLIAM ATODO.....................................................3RD DEFENDANT
R U L I N G
The plaintiff has brought an application dated 17/1/2017. He seeks an order that a temporary injunction be issued restraining the defendants/respondents their servants and/or agents from trespassing upon, cutting trees, fencing, erecting structures and/or in any other way interfering with the plaintiff/applicant’s possession of seventy five (75) acres on Kongelai Group Ranch, West Pokot County pending the hearing and determination of this suit.
The application though served is not opposed. The plaintiff/applicant has exhibited photographs showing the damage that has been inflicted on the land that he claims in the Ranch. In his plaint the plaintiff avers that he has resided on the subject land since he was born. He states that he is the son to Joseph Limareng Lokomom (deceased) who was a shareholder and member of the Kongelai Group Ranch, and that the 1st defendant has now issued him with a notice to vacate the premises. Despite service of summons the defendants have not filed any defence to the claim. In the circumstances, the application dated 17/1/2017 is merited and prayer No.1 is granted. Costs shall be in the cause.
Signed, dated and delivered at Kitale on this 17thday of March 2017.
MWANGI NJOROGE
JUDGE
In the presence of:
Ms. Arunga for the Plaintiff/Applicant
N/A for defendant/Respondent
MWANGI NJOROGE
JUDGE
17/3/2017