[2020] KEELC 1451 (KLR)
The court found that the plaintiff/applicant had demonstrated sufficient grounds for urgency and the need for interim protection of its proprietary interests in the suit properties. The applicant's claim of registered ownership and allegations of interference by the defendants, if not restrained, could result in...
Source-derived case information.
- Citation
- [2020] KEELC 1451 (KLR)
- Parties
- Applicant: Majani Estates Limited; Respondent: Muthoni Nkonge; Respondent: Muriuki Ndubi; Respondent: Saulu Ndiga; Respondent: Kariba Kanampiu; Respondent: Mwirigi Miriti; Respondent: Mugendi Kainyati; Respondent: Paul Kinyua Riungu; Respondent: Mwiti Riungu; Respondent: Benedictine Njiru Riungu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 08 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction Application
- Outcome
- Temporary injunction granted ex parte; matter certified urgent; directions for inter partes hearing and compliance with pre-trial procedures issued.
- Legal Topics
- Temporary Injunctions, Land Ownership Disputes, Interlocutory Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Majani Estates Limited
Applicant
Muthoni Nkonge
Respondent
Muriuki Ndubi
Respondent
Saulu Ndiga
Respondent
Kariba Kanampiu
Respondent
Mwirigi Miriti
Respondent
Mugendi Kainyati
Respondent
Paul Kinyua Riungu
Respondent
Mwiti Riungu
Respondent
Benedictine Njiru Riungu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff/applicant 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 Whether the urgency of the matter justifies ex parte orders.
Ratio Decidendi
The court found that the plaintiff/applicant had demonstrated sufficient grounds for urgency and the need for interim protection of its proprietary interests in the suit properties. The applicant's claim of registered ownership and allegations of interference by the defendants, if not restrained, could result in irreparable harm and render the main suit nugatory. The court, therefore, certified the matter as urgent and granted a temporary injunction restraining the defendants from interfering with the suit properties pending inter partes hearing. The court also directed compliance with pre-trial procedures to facilitate expeditious determination of the dispute.
Court Disposition
Temporary injunction granted ex parte; matter certified urgent; directions for inter partes hearing and compliance with pre-trial procedures issued.
Orders
- The matter is certified urgent.
- Prayer 2 for a temporary injunction is granted in terms of section 63 of the Civil Procedure Act.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 08 OF 2020
MAJANI ESTATES LIMITED..............................PLAINTIFF/APPLICANT
VERSUS
MUTHONI NKONGE...........................1ST DEFENDANT/RESPONDENT
MURIUKI NDUBI ...............................2ND DEFENDANT/RESPONDENT
SAULU NDIGA ...................................3RD DEFENDANT/RESPONDENT
KARIBA KANAMPIU.......................4TH DEFENDANT/RESPONDENT
MWIRIGI MIRITI..............................5TH DEFENDANT/RESPONDENT
MUGENDI KAINYATI.......................6TH DEFENDANT/RESPONDENT
PAUL KINYUA RIUNGU....................7TH DEFENDANT/RESPONDENT
MWITI RIUNGU.................................8TH DEFENDANT/RESPONDENT
BENEDICTINE NJIRU RIUNGU......9TH DEFENDANT/RESPONDENT
RULING
1. This application is dated 5th August, 2020 and seeks the following orders:-
1. That the application be certified urgent and be heard ex-parte and service thereof be dispensed with in the first instance.
2. That this honourable court be pleased to issue an order of temporary injunction restraining the defendants/respondents, their siblings, employees, agents, servants, assigns or any other person acting under their directions from working, dealing and/or interfering in any manner whatsoever with LR NO. MWIMBI/CHOGORIA/599952 and 5953 pending the hearing and determination of this application.
3. That this Honourable court be pleased to issue an order of temporary injunction restraining the defendants/respondents, their siblings employees, agents, servants, assigns or any other person acting under their directions from working, dealing and/or interfering in any manner whatsoever with LR NO. MWIMBI/CHOGORIA/5951, 5952 and 5953 pending the hearing and determination of the main suit.
4. That costs of this application be provided for.
2. The application is supported by the affidavit of RONALD MUTUMA MUTAI and has the following grounds:-
a) That the plaintiff/applicant is the registered owner of Land Parcel No. MWIMBI/CHOGORIA/5951, 5952 AND 5953.
b) That the defendants without a colour of right have been interfering with the plaintiff’s occupation of the land by chasing away its agents.
c) That the plaintiff/applicant thought its agent has reported the matter to the police who instead referred the dispute to the area chief who was unable to resolve the same.
d) That the defendants insist and have swore to interfere with the plaintiff’s user of its property unless stopped by a court order.
e) That it is only fair, just and equitable that this application is allowed.
3. Upon perusal of the plaintiff’s application and all attached documents, I issue the following orders:
1. The matter is certified urgent.
2. Prayer 2 in the application is granted in terms of section 63 of the Civil Procedure Act in view of the fact that this court will be on recess until 15th September, 2020.
3. The plaintiff should comply with Order 11, CPR, within 21 days and the defendants should do so within 21 days after receipt of the plaintiff’s compliance documents.
4. This application will be heard interpartes on 21st September, 2020.
4. Orders accordingly.
Delivered in open Court at Chuka this 5th day of August, 2020 in the presence of:
CC: Ann
P. M. NJOROGE,
JUDGE.