[2017] KEELC 2935 (KLR)

[2017] KEELC 2935 (KLR)

The court found that it was appropriate to direct the parties to maintain the status quo currently prevailing on the suit property pending the hearing and determination of the suit. The Plaintiff's Notice of Motion dated 8th October 2014 was dismissed, but the court exercised its discretion to preserve the subject...

Source-derived case information.

Citation
[2017] KEELC 2935 (KLR)
Parties
Plaintiff: Joel Ngatiari; Defendant: Madris Kere Njue; Defendant: Joseph Gitau
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 1308 of 2014
Procedural Posture
Notice of Motion / Interlocutory Ruling on Application for Status Quo Orders Pending Hearing
Outcome
Plaintiff's Notice of Motion dismissed; status quo to be maintained; costs in the cause.
Judges
MM Gitumbi
Legal Topics
Status Quo Orders, Interlocutory Injunctions, Suit Property Disputes
Source Language
en
Land and Property Status Quo Orders Interlocutory Injunctions Suit Property Disputes

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Joel Ngatiari

Plaintiff

Madris Kere Njue

Defendant

Joseph Gitau

Defendant

Procedural Posture

Notice of Motion / Interlocutory Ruling on Application for Status Quo Orders Pending Hearing

Legal Issues

  1. 1 Whether the status quo on the suit property should be maintained pending the hearing and determination of the suit.
  2. 2 Whether the Plaintiff's Notice of Motion dated 8th October 2014 should be granted.

Ratio Decidendi

The court found that it was appropriate to direct the parties to maintain the status quo currently prevailing on the suit property pending the hearing and determination of the suit. The Plaintiff's Notice of Motion dated 8th October 2014 was dismissed, but the court exercised its discretion to preserve the subject matter by ordering that the status quo be maintained. The court further directed that costs be in the cause and set a pre-trial conference date to facilitate the expeditious hearing of the main suit.

Court Disposition

Plaintiff's Notice of Motion dismissed; status quo to be maintained; costs in the cause.

Orders

  • Parties to maintain the status quo currently prevailing on the suit property pending hearing and determination of the suit.
  • Notice of Motion dated 8th October 2014 is dismissed.