[2014] KEHC 2510 (KLR)
The court adopted the parties' consent that those in occupation of the disputed land parcel No. KIANJAI/MITIUNTU/77 may continue their occupation but are restrained from carrying out any permanent development on the land pending the hearing and determination of the suit. This preserves the status quo and prevents...
Source-derived case information.
- Citation
- [2014] KEHC 2510 (KLR)
- Parties
- Plaintiff: Jason Kiamba Kimbui; Defendant: Francis Kamilichui; Defendant: Festus Kinyua; Defendant: James Kailemia & 4 Others
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 47 of 2014
- Procedural Posture
- Miscellaneous Application / Interlocutory Application Ruling
- Outcome
- Application settled by consent; interlocutory orders granted as per parties' agreement.
- Judges
- FM Njoroge
- Legal Topics
- Injunctive Relief, Land Occupation, Permanent Development, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jason Kiamba Kimbui
Plaintiff
Francis Kamilichui
Defendant
Festus Kinyua
Defendant
James Kailemia & 4 Others
Defendant
Procedural Posture
Miscellaneous Application / Interlocutory Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to interlocutory injunctive relief restraining the respondents from developing parcel No. KIANJAI/MITIUNTU/77 pending hearing of the application and suit.
- 2 Whether parties in occupation should be allowed to continue occupation pending determination of the suit.
Ratio Decidendi
The court adopted the parties' consent that those in occupation of the disputed land parcel No. KIANJAI/MITIUNTU/77 may continue their occupation but are restrained from carrying out any permanent development on the land pending the hearing and determination of the suit. This preserves the status quo and prevents irreversible changes to the property, balancing the interests of both parties until the substantive issues are resolved at trial. The consent was recorded as an order of the court, and costs were ordered to be in the cause.
Court Disposition
Application settled by consent; interlocutory orders granted as per parties' agreement.
Orders
- Parties in occupation to continue with their occupation of parcel No. KIANJAI/MITIUNTU/77.
- No party shall carry out any permanent development on the land pending hearing and determination of the suit.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC 47 OF 2014
JASON KIAMBA KIMBUI...........................................PLAINTIFF
VERSUS
FRANCIS KAMILICHUI....................................1ST DEFENDANT
FESTUS KINYUA............................................2ND DEFENDANT
JAMES KAILEMIA......................3RD DEFENDANT & 4 OTHERS
R U L I N G
This application is dated 25. 3.2014. It seeks orders:
This application be certified as urgent and it be heard exparte in the first instance and service be dispensed with.
The Honourable court be pleased to restrain the Respondents, their servants, agents and employees from developing the applicant's parcel land parcel No. KIANJAI/MITIUNTU/77 in any manner pending hearing of the application.
The Honourable court be pleased to restrain the Respondents, their servants, agents and employees from developing the Applicants parcel land parcel No. KIANJAI/MITIUNTU/77 in any manner pending hearing of this suit.
That inter parties hearing be on the 19th day of June 2014.
Costs of the application be provided for.
On 19. 6.2014 the parties through their advocates agreed to settle the application in the following manner:
“Parties in occupation to continue with their occupation BUT should not carry out any permanent development on the land”
This settlement is adopted as an order of this Court. Costs shall be in the cause.
Delivered in Open court at Meru this 19th day of July, 2014 in the presence of:
Cc Daniel/Lilian
Anambo for plaintiff
Murango Mwenda for defendants
P. M. NJOROGE
JUDGE