[2017] KEELC 2183 (KLR)
The court held that since the application for injunction was already spent, it could not issue a temporary injunction to remain in force pending the hearing and determination of the suit. The court emphasized that it cannot grant orders that are not specifically sought in the application, and that interim orders...
Source-derived case information.
- Citation
- [2017] KEELC 2183 (KLR)
- Parties
- Plaintiff: Jane Njeri Thuku; Defendant: Dominic Gathecha Kinyua; Defendant: Vincent Omondi Aringo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 155 of 2017
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Application
- Outcome
- application dismissed; no orders as to costs
- Judges
- AK Bor
- Legal Topics
- Temporary Injunctions, Service by Substituted Means, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Njeri Thuku
Plaintiff
Dominic Gathecha Kinyua
Defendant
Vincent Omondi Aringo
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the court can grant a temporary injunction pending hearing and determination of the suit when the application for injunction is already spent.
- 2 Whether the Plaintiff is entitled to further injunctive reliefs not specifically prayed for in the application.
Ratio Decidendi
The court held that since the application for injunction was already spent, it could not issue a temporary injunction to remain in force pending the hearing and determination of the suit. The court emphasized that it cannot grant orders that are not specifically sought in the application, and that interim orders cannot be extended beyond the life of the interlocutory application. As such, no further injunctive relief could be granted at this stage, and the application was effectively dismissed with no orders as to costs.
Court Disposition
application dismissed; no orders as to costs
Orders
- The application for injunction is spent and no further orders are granted.
- No orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC. CASE NO. 155 OF 2017
JANE NJERI THUKU.…...……….…..………………….….......PLAINTIFF
VERSUS
DOMINIC GATHECHA KINYUA.......................................1ST DEFENDANT
VINCENT OMONDI ARINGO…………..…….…………2ND DEFENDANT
RULING
The Plaintiff filed the application dated 7th March 2017 seeking a temporary injunction to restrain the Defendants from carrying out any construction on Plot number 342 (R351) in Lucky Summer Estate Company Limited pending hearing and determination of that application.
The court certified the application urgent and granted interim orders which were subsequently extended. The Plaintiff applied to serve the Defendants by substituted means since they could not be traced for service. That application was allowed.
The Plaintiff’s counsel argued the application for injunction on 19th July 2017. He urged the Court to issue a temporary injunction to restrain dealings on the Suit Property pending hearing and determination of the suit yet this prayer was not made on the application.
The application for injunction is spent. The court cannot therefore issue a temporary injunction to remain in force pending hearing and determination of the suit. The court makes no orders as to costs.
Dated and delivered at Nairobi this 25th day of July 2017.
K. BOR
JUDGE
In the presence of: -
Ms. Gachinga holding brief for Mr. Mbugua for the Plaintiff
No appearance for the Defendants
Mr. V. Owuor- Court Assistant