[2023] KEELC 17099 (KLR)
The court found that the application for an interlocutory injunction was unopposed, and the applicants had demonstrated that the respondents had exceeded their occupation of the suit land by ploughing and preparing to plant on more than the one eighth of an acre they were entitled to. The court was satisfied that...
Source-derived case information.
- Citation
- [2023] KEELC 17099 (KLR)
- Parties
- Applicant: Lilian Regeria Kageenu; Applicant: Caroline Nkatha; Respondent: Kelvin Mugweru Muchiri; Respondent: Dan Mundia Muchiri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 49 of 2019
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction Application
- Outcome
- Application allowed. Interlocutory injunction granted as prayed. Costs in the cause.
- Judges
- MN Gicheru
- Legal Topics
- Interlocutory Injunctions, Land Occupation Disputes, Status Quo Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Regeria Kageenu
Applicant
Caroline Nkatha
Applicant
Kelvin Mugweru Muchiri
Respondent
Dan Mundia Muchiri
Respondent
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the applicants are entitled to an interlocutory injunction restraining the respondents from entering, ploughing, planting crops, or cultivating any portion of the suit land other than the one eighth of an acre occupied by them at the time of the suit.
- 2 Whether the application meets the threshold for granting an injunction.
Ratio Decidendi
The court found that the application for an interlocutory injunction was unopposed, and the applicants had demonstrated that the respondents had exceeded their occupation of the suit land by ploughing and preparing to plant on more than the one eighth of an acre they were entitled to. The court was satisfied that the threshold for granting an injunction had been met, as the applicants had established a prima facie case and the application was fair and just. Consequently, the court allowed the application in terms of the prayer sought, restraining the respondents from entering, ploughing, planting crops, or cultivating any portion of the suit land other than the one eighth of an acre...
Court Disposition
Application allowed. Interlocutory injunction granted as prayed. Costs in the cause.
Orders
- The respondents are restrained, whether by themselves, their servants or agents, from entering, ploughing, planting crops or cultivating any portion of the suit land other than the one eighth of an acre occupied by them at the time of the institution of this suit pending the hearing and determination of this suit.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
Kageenu & another v Muchiri & another (Environment & Land Case 49 of 2019) [2023] KEELC 17099 (KLR) (24 April 2023) (Ruling)
Neutral citation: [2023] KEELC 17099 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Case 49 of 2019
MN Gicheru, J
April 24, 2023
Between
Lilian Regeria Kageenu
1st Applicant
Caroline Nkatha
2nd Applicant
and
Kelvin Mugweru Muchiri
1st Respondent
Dan Mundia Muchiri
2nd Respondent
Ruling
1. This ruling is on the Notice of Motion dated 18/2/2022. The motion which is under Order 40, Rule 10 and Order 51, Rules 1-3 of the Civil Procedure Rules and Sections 1A, 1B and 3A of the Civil Procedure Act seeks two prayers/orders.1. That the Plaintiffs be restrained whether by themselves, their servants or agents from entering the portion, from ploughing, planting crops or cultivating any portion of the suit land other than one eighth of an acre occupied by them at the time of the institution of this suit pending the hearing and determination of this suit.2. That costs of this application be provided for.
2. The motion is supported by an affidavit sworn by Lillian Regeria Kageenu dated 18/2/2022 and nine (9) grounds. There is also an affidavit by Jack Obonyo also dated 18/2/2022 and three annexures.In summary, the Defendants are saying that the Plaintiff who occupies only one eighth of an acre of the suit land has now ploughed the land with a tractor ready to plant thereon. This happened on 31/1/2022. A report was made to the police at Oloosirkon Police station vide OB No. 11 of 31/11/2022.
3. The motion is unopposed because the respondent who was to file a replying affidavit within 14 days from 23/5/2022 did not file any such affidavit even after the deadline.
4. The application dated 18/2/2022 being fair, just and unopposed and also having met the threshold for the granting of an injunction is allowed in terms of prayer (4). Costs in the cause.
DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 24TH DAY OF APRIL, 2023. M.N. GICHERUJUDGE