[2010] KEHC 1964 (KLR)
The court found that the applicants, as recognized market traders and officials of a registered association, had demonstrated sufficient grounds for the grant of a temporary injunction. The respondent, having been duly served and failing to oppose the application, raised no objection to the orders sought. In the...
Source-derived case information.
- Citation
- [2010] KEHC 1964 (KLR)
- Parties
- Applicant: James Mungai Gache; Applicant: Priscilla Wandia Gatihiru; Applicant: Ruth Muthoni Macharia; Respondent: The County Council of Olekejuado
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Case 79 of 2010
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application for Temporary Injunction
- Outcome
- Application for temporary injunction allowed. Prayer 3 of the chamber summons granted pending disposal of the suit. Costs in the cause.
- Judges
- DW Mbuteti
- Legal Topics
- Interlocutory Injunctions, Eviction, Market Traders Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mungai Gache
Applicant
Priscilla Wandia Gatihiru
Applicant
Ruth Muthoni Macharia
Applicant
The County Council of Olekejuado
Respondent
Procedural Posture
Civil Case / Ruling on Interlocutory Application for Temporary Injunction
Legal Issues
- 1 Whether the applicants are entitled to a temporary injunction restraining the respondent from evicting them from their place of business pending the hearing and determination of the suit.
- 2 Whether the respondent's failure to oppose the application warrants granting the orders sought.
Ratio Decidendi
The court found that the applicants, as recognized market traders and officials of a registered association, had demonstrated sufficient grounds for the grant of a temporary injunction. The respondent, having been duly served and failing to oppose the application, raised no objection to the orders sought. In the interests of justice and to enable the applicants to continue earning their livelihoods, the court allowed the application and granted the temporary restraining order as prayed, pending the disposal of the main suit. Costs were ordered to be in the cause.
Court Disposition
Application for temporary injunction allowed. Prayer 3 of the chamber summons granted pending disposal of the suit. Costs in the cause.
Orders
- A temporary injunction is granted restraining the respondent from evicting the applicants and other members of the association from Soko Mjinga Market pending disposal of the suit.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS Civil Case 79 of 2010
1. JAMES MUNGAI GACHE
2. PRISCILLA WANDIA GATIHIRU
3. RUTH MUTHONI MACHARIA
(Suing as Officials of Rongai Kwale Small Scale Business Association).....APPLICANTS
VERSUS
THE COUNTY COUNCIL OF OLEKEJUADO ............................................................. RESPONDENT
R U L I N G
The Plaintiffs are officials of Rongai Kwale Small Scale Business Associationand have brought this suit as such officials. The members of that association are hawkers along Magadi Roadwithin Ongata Rongai Township. Their place of business is popularly known as Soko Mjinga Market. They are recognized as market traders by the Defendant who charges them a levy for trading. Their association is registered under the Societies Act.
The Plaintiffs have brought this suit for the main relief of a permanent injunction to restrain the Defendant from evicting them and other members of the association from their aforesaid place of business without providing them with an alternative place.
Together with the plaint the Plaintiffs filed chamber summons dated 26th April 2010. They seek temporary restraining orders to enable them to continue trading at their usual place pending disposal of the suit. The application is brought under Order 39, rules 1 and 2 of the Civil Procedure Rules (theRules)and is duly supported by the affidavit of the 1st Plaintiff.
The Defendant, which is the local authority in-charge of Ongata Rongai Township, was duly served with the application, summons to enter appearance and copy of the plaint. It filed a memorandum of appearance on 30th April 2010 and defence on 11th May 2010. But it did not file any papers in response to the application. The application is thus unopposed.
The Plaintiffs in this application are seeking essentially an order for maintenance or the status quopending disposal of the suit, no doubt to enable them to continue earning their livelihoods. The Defendant appears to have no problem with that as it has not opposed the application.
I will in the circumstances allow the application and grant prayer 3 thereof, pending disposal of the suit. Costs of the application shall be in the cause. It is so ordered.
DATED AT MACHAKOS THIS 7TH DAY OF JULY 2010
H. P. G. WAWERU
JUDGE
DELIVERED THIS 9TH DAY OF JULY 2010