[2017] KEELC 1922 (KLR)
The court held that the plaintiffs failed to disclose any registered or equitable interest in a specific, identifiable parcel of land. The description provided was vague and did not relate to any particular parcel, making it impossible for the court to grant a temporary injunction. Upholding the defendants'...
Source-derived case information.
- Citation
- [2017] KEELC 1922 (KLR)
- Parties
- Plaintiff: Kasarani Young Generation Group (suing through its officials James Mburu Nuthu, Tabitha Thuranira, Julia Ayoti Alphayo); Defendant: Sports Stadia Management Board; Defendant: Gabriel Komora; Defendant: Sports Kenya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 322 of 2015
- Procedural Posture
- Notice of Motion / Ruling on Preliminary Objection and Application for Temporary Injunction
- Outcome
- application dismissed with costs to the defendants
- Judges
- MM Gitumbi
- Legal Topics
- Temporary Injunctions, Preliminary Objection, Land Identification, Equitable Interest, Registered Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kasarani Young Generation Group (suing through its officials James Mburu Nuthu, Tabitha Thuranira, Julia Ayoti Alphayo)
Plaintiff
Sports Stadia Management Board
Defendant
Gabriel Komora
Defendant
Sports Kenya
Defendant
Procedural Posture
Notice of Motion / Ruling on Preliminary Objection and Application for Temporary Injunction
Legal Issues
- 1 Whether the plaintiffs have disclosed any registered or equitable interest in a specific, identifiable parcel of land.
- 2 Whether a temporary injunction can be granted in the absence of a claim to a particular parcel of land.
Ratio Decidendi
The court held that the plaintiffs failed to disclose any registered or equitable interest in a specific, identifiable parcel of land. The description provided was vague and did not relate to any particular parcel, making it impossible for the court to grant a temporary injunction. Upholding the defendants' preliminary objection, the court found that without a clear claim to a defined property, the plaintiffs lacked the requisite standing to seek injunctive relief. The application was therefore dismissed with costs to the defendants.
Court Disposition
application dismissed with costs to the defendants
Orders
- The Notice of Motion dated 23rd April, 2015 is dismissed.
- Costs awarded to the defendants.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
MILIMANI LAW COURTS
ELC. CASE NO. 322 OF 2015
KASARANI YOUNG GENERATION GROUP
(SUING THROU ITS OFFICIALS)
JAMES MBURU NUTHU
TABITHA THURANIRA
JULIA AYOTI ALPHAYO……………….………...………PLAINTIFFS
VERSUS
SPORTS STADIA MANAGEMENT BOARD.…...…1ST DEFENDANT
GABRIEL KOMORA……………………………......2ND DEFENDANT
SPORTS KENYA………………………………...…3RD DEFENDANT
RULING
I have considered Notice of Motion dated 23rd April, 2015 in which the Plaintiff Applicant seeks an order of temporary injunction in respect of a parcel of land described as “Land situated along Gitwamba slums and around the Ruaraka River within Nairobi County”.
I have considered the Defendant’s Notice of Preliminary Objection dated 9th June 2015 in which they object to the Application on the ground that the Applicants have not disclosed any registered or equitable interest in any specific named parcel of land. I uphold the Preliminary Objection because the Plaintiffs have not laid claim to any particular identifiable parcel of land. The Application is dismissed with costs to the Defendants.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 22NDDAY OF SEPTEMBER 2017.
MARY M. GITUMBI
JUDGE