[2017] KEELC 3072 (KLR)
The court found that both parties claim the same parcel of land but under different plot numbers, and that the conflicting claims cannot be resolved at the interlocutory stage based on affidavit evidence alone. The substantive rights of the parties can only be determined after a full trial. Consequently, the...
Source-derived case information.
- Citation
- [2017] KEELC 3072 (KLR)
- Parties
- Applicant: John Njoroge Muigai; Respondent: Embakasi Ranching Company Limited; Respondent: Pauline Koki; Respondent: Dancan Ogoo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1011 of 2015
- Procedural Posture
- Notice of Motion / Interlocutory Application Ruling
- Outcome
- application dismissed
- Judges
- MM Gitumbi
- Legal Topics
- Ownership Dispute, Status Quo Orders, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Njoroge Muigai
Applicant
Embakasi Ranching Company Limited
Respondent
Pauline Koki
Respondent
Dancan Ogoo
Respondent
Procedural Posture
Notice of Motion / Interlocutory Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to interlocutory relief regarding the disputed parcel of land pending trial.
- 2 Whether the status quo should be maintained until the suit is heard and determined.
Ratio Decidendi
The court found that both parties claim the same parcel of land but under different plot numbers, and that the conflicting claims cannot be resolved at the interlocutory stage based on affidavit evidence alone. The substantive rights of the parties can only be determined after a full trial. Consequently, the application for interlocutory relief is dismissed, and the parties are directed to maintain the prevailing status quo until the suit is heard and determined.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- Costs in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
MILIMANI LAW COURTS
ELC. CASE NO. 1011 OF 2015
JOHN NJOROGE MUIGAI............................PLAINTIFF/APPLICANT
VERSUS
EMBAKASI RANCHING
COMPANY LIMITED.....................1ST DEFENDANT/RESPONDENT
PAULINE KOKI.............................2ND DEFENDANT/RESPONDENT
DANCAN OGOO...........................3RD DEFENDANT/RESPONDENT
RULING
I have considered Notice of Motion dated 14/10/15 and the Supporting Affidavit and annexures. I have also considered the 2nd Defendants Replying Affidavit sworn on 28/10/2015 and annexures thereto.
Both parties claim the same parcel of land but each assert a different plot number. The issue can only be fully and finally determined after full trial of this suit.
Accordingly, the application is dismissed, costs in the cause. The parties are directed to observe the status quo currently prevailing until this suit is heard and determined.
A pre-trial shall be held before the Deputy Registrar, Environment and Land Court on 19/4/2017. The Plaintiff to serve the Defendant.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 24THDAY OF MARCH 2017.
MARY M. GITUMBI
JUDGE