[2022] KEELC 14804 (KLR)
The court found that, in the interests of fairness and justice, it was appropriate to preserve the status quo by restraining both the plaintiffs and the defendant from developing the suit plots until the suit is heard and determined. The court considered the affidavits and submissions and determined that granting...
Source-derived case information.
- Citation
- [2022] KEELC 14804 (KLR)
- Parties
- Plaintiff: Mwaura Kagua; Plaintiff: Gumba Mwaniki Sammy Njenga; Plaintiff: Manta Ole Lepaso Nappirus (Suing as the Chairman of Normongi Self Help Group); Defendant: County Government of Kajiado; Interested Party: Lupembe Kanchori
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit E008 of 2020
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application for Injunction
- Outcome
- Application allowed. Interlocutory injunction granted.
- Judges
- MN Gicheru
- Legal Topics
- Interlocutory Injunctions, Land Disputes, Preservation of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwaura Kagua
Plaintiff
Gumba Mwaniki Sammy Njenga
Plaintiff
Manta Ole Lepaso Nappirus (Suing as the Chairman of Normongi Self Help Group)
Plaintiff
County Government of Kajiado
Defendant
Lupembe Kanchori
Interested Party
Procedural Posture
Civil Suit / Ruling on Interlocutory Application for Injunction
Legal Issues
- 1 Whether an interlocutory injunction should be granted to restrain all parties from interfering with the suit property pending determination of the suit.
Ratio Decidendi
The court found that, in the interests of fairness and justice, it was appropriate to preserve the status quo by restraining both the plaintiffs and the defendant from developing the suit plots until the suit is heard and determined. The court considered the affidavits and submissions and determined that granting the interlocutory injunction would prevent prejudice to any party and maintain the integrity of the subject matter in dispute. The application by the interested party was therefore allowed, with costs in the cause.
Court Disposition
Application allowed. Interlocutory injunction granted.
Orders
- Neither the plaintiffs nor the defendant shall develop or interfere with the suit plots pending the hearing and determination of the suit.
- Costs in the cause.
Full Case Text
Judgment text and source record
29 paragraphs
Kagua & 2 others v County Government of Kajiado; Kanchori (Interested Party) (Environment and Land Case Civil Suit E008 of 2020) [2022] KEELC 14804 (KLR) (10 November 2022) (Ruling)
Neutral citation: [2022] KEELC 14804 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment and Land Case Civil Suit E008 of 2020
MN Gicheru, J
November 10, 2022
Between
Mwaura Kagua
1st Plaintiff
Gumba Mwaniki Sammy Njenga
2nd Plaintiff
Manta Ole Lepaso Nappirus (Suing as the Chairman of Normongi Self Help Group)
3rd Plaintiff
and
County Government of Kajiado
Defendant
and
Lupembe Kanchori
Interested Party
Ruling
1. This ruling is on the notice of motion dated April 7, 2022, which seeks one main prayer as follows.“That no party be it the plaintiffs the defendants and or the interested parties, their agents, servants or representatives should interfere with the suit property pending the hearing and determination of this suit”.
2. The said motion which is under article 50 of the Constitution, sections, 1A and 1B of the Civil Procedure Act, order 51 of the Civil Procedure Rules and all enabling provisions of the law is supported by three grounds, an affidavit and five annexures.
3. The gist of the entire application is that there is a dispute between the plaintiffs and the interested party over plot numbers 6 and 15 Workshop-Ilbisil T Center.
4. In his replying affidavit dated May 13, 2022, the second plaintiff denies disfiguring or developing his plot since filing the suit in year 2020.
5. I have carefully considered the application in its entirety including the affidavits, the grounds and the annexures.
6. I find that it is fair and just to order that neither the plaintiffs nor the defendants should develop the suit plots until this suit is heard and determined. Essentially therefore, I allow the interested party’s notice of motion dated April 7, 2022.
7. Costs in the cause.
DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 10 THDAY OF NOVEMBER, 2022. M.N. GICHERUJUDGE**__________________________________________________________________________**HON. JUSTICE M.N. GICHERU RULING ELC NO. E008/2020 1