[2020] KEELC 1344 (KLR)

[2020] KEELC 1344 (KLR)

The court found that the applicant had established a prima facie case for the grant of interim orders to preserve the subject matter of the suit pending determination of the application and the main suit. However, in view of the 1st respondent's admitted occupation of part of the suit land, the court varied the interim orders to allow her continued occupation of her portion. The court also directed that the preliminary objection raised by the respondents be heard first, with timelines for filing and serving submissions, and granted parties leave to file further responses as necessary. The orders sought to balance the interests of both parties and maintain the status quo until the...

Citation
[2020] KEELC 1344 (KLR)
Parties
Plaintiff: Majani Estates Limited; Defendant: Muthoni Nkonge; Defendant: Muriuki Ndubi; Defendant: Saulu Ndiga; Defendant: Kariba Kanampiu; Defendant: Mwirigi Miriti; Defendant: Mugendi Kainyati; Defendant: Paul Kinyua Riungu; Defendant: Mwiti Riungu; Defendant: Benedictine Njiru Riungu
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Judgment Date
21 September 2020
Case Number
Environment & Land Case 8 of 2020
Procedural Posture
Miscellaneous Application / Interlocutory Application Ruling on Injunction and Preliminary Objection Directions
Outcome
Interim injunction granted with variation; directions issued for hearing of preliminary objection.
Legal Topics
Temporary Injunctions, Land Ownership Disputes, Interlocutory Orders, Preliminary Objection Procedure
Source Language
English
Land and Property Civil Procedure Temporary Injunctions Land Ownership Disputes Interlocutory Orders Preliminary Objection Procedure

Case Brief

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Parties

Majani Estates Limited

Plaintiff

Muthoni Nkonge

Defendant

Muriuki Ndubi

Defendant

Saulu Ndiga

Defendant

Kariba Kanampiu

Defendant

Mwirigi Miriti

Defendant

Mugendi Kainyati

Defendant

Paul Kinyua Riungu

Defendant

Mwiti Riungu

Defendant

Benedictine Njiru Riungu

Defendant

Procedural Posture

Miscellaneous Application / Interlocutory Application Ruling on Injunction and Preliminary Objection Directions

Legal Issues

  1. 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendants from interfering with LR NO. MWIMBI/CHOGORIA/5951, 5952 and 5953 pending hearing and determination of the suit.
  2. 2 Whether the court should vary interim orders to allow the 1st respondent to remain on the portion she occupies.
  3. 3 Whether directions should be given for hearing of the preliminary objection.

Ratio Decidendi

The court found that the applicant had established a prima facie case for the grant of interim orders to preserve the subject matter of the suit pending determination of the application and the main suit. However, in view of the 1st respondent's admitted occupation of part of the suit land, the court varied the interim orders to allow her continued occupation of her portion. The court also directed that the preliminary objection raised by the respondents be heard first, with timelines for filing and serving submissions, and granted parties leave to file further responses as necessary. The orders sought to balance the interests of both parties and maintain the status quo until the...

Court Disposition

Interim injunction granted with variation; directions issued for hearing of preliminary objection.

Orders

  • Interim orders extended in terms of section 63 of the Civil Procedure Act.
  • Preliminary objection dated 10th September, 2020 to be heard first; proponents to file and serve submissions within 7 days; plaintiff to respond within 7 days of receipt.