[2021] KEELC 3208 (KLR)
The court found that the respondents, having been granted 14 days to file affidavits in reply and having failed to comply, left the applicants' application unopposed. In the absence of any rebuttal or evidence from the respondents, and upon consideration of the application, the court was satisfied that the...
Source-derived case information.
- Citation
- [2021] KEELC 3208 (KLR)
- Parties
- Plaintiff: Kevin Mutahi Shikanga; Plaintiff: Florence Lilian Akinyi Akoth; Plaintiff: Peter Collins Okoth; Defendant: Kisumu City Board; Defendant: County Government of Kisumu; Defendant: Oxford Investments Limited; Respondent: Faulu Microfinance Bank Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case EO12 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction
- Outcome
- Application allowed. Prayers 4 and 5 of the notice of motion dated 8/2/2021 granted. Costs in the cause.
- Judges
- A Ombwayo
- Legal Topics
- Interlocutory Injunctions, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Mutahi Shikanga
Plaintiff
Florence Lilian Akinyi Akoth
Plaintiff
Peter Collins Okoth
Plaintiff
Kisumu City Board
Defendant
County Government of Kisumu
Defendant
Oxford Investments Limited
Defendant
Faulu Microfinance Bank Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the applicants are entitled to interlocutory injunctive relief pending hearing and determination of the suit.
- 2 Whether the respondents' failure to file replying affidavits within the stipulated period affects the applicants' entitlement to orders.
Ratio Decidendi
The court found that the respondents, having been granted 14 days to file affidavits in reply and having failed to comply, left the applicants' application unopposed. In the absence of any rebuttal or evidence from the respondents, and upon consideration of the application, the court was satisfied that the applicants were entitled to the orders sought in prayers 4 and 5 of the notice of motion. The court exercised its discretion to grant the orders, noting that the respondents' non-compliance with court directions justified granting the relief sought by the applicants.
Court Disposition
Application allowed. Prayers 4 and 5 of the notice of motion dated 8/2/2021 granted. Costs in the cause.
Orders
- Prayers 4 and 5 of the notice of motion dated 8/2/2021 are granted in favour of the applicants.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KISUMU
ELC CASE NO. EO12 OF 2021
KEVIN MUTAHI SHIKANGA.........................................................................1ST PLAINTIFF
FLORENCE LILIAN AKINYI AKOTH........................................................2ND PLAINTIFF
PETER COLLINS OKOTH.............................................................................3RD PLAINTIFF
-VERSUS-
KISUMU CITY BOARD...............................................................................1ST DEFENDANT
COUNTY GOVERNMENT OF KISUMU.................................................2ND DEFENDANT
OXFORD INVESTMENTS LIMITED.......................................................3RD DEFENDANT
AND
FAULU MICROFINANCE BANK LIMITED.......................................INERESTED PARTY
RULING
On the 9/2/2021, the applicant came to this court seeking temporary orders of injunction in terms of prayers 2 and 3 of the Notice of Motion dated 8/2/2021. The court denied to grant the orders and ordered the Applicants to serve and schedule the matter for hearing on 11/2/2021. They served the respondents and are back on 11/02/2021.
Both parties were represented when the court gave the respondents 14 days to file affidavits in reply. The respondents have not complied.
In these circumstances, I do grant the applicants prayers 4 and 5 of the notice of motion dated 8/2/2021 and filed on 9/2/2021. Costs in the cause.
Orders accordingly.
DATED AT KISUMU THIS 13TH DAY OF MAY, 2021
ANTONY OMBWAYO
JUDGE
This Ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15th March 2019.
ANTONY OMBWAYO
JUDGE