[2020] KEELC 1437 (KLR)
The court found that although the applicant alleged ongoing criminal activities and sought urgent intervention, the issues raised are intertwined with the substantive dispute in the main suit. The court determined that it was not appropriate to certify the matter as urgent at this interlocutory stage but recognized...
Source-derived case information.
- Citation
- [2020] KEELC 1437 (KLR)
- Parties
- Applicant: Margaret Mukonatho; Respondent: Attorney General; Respondent: DLASO (Demarcation Land Surveyor Officer); Respondent: Land Adjudication Officer; Respondent: Chief Giithu Location; Respondent: Nahashon Karuti
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 37 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Urgent Orders and Inhibition
- Outcome
- Application for urgency declined; matter to be heard on priority basis.
- Legal Topics
- Land Adjudication, Inhibition Orders, Trespass, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Mukonatho
Applicant
Attorney General
Respondent
DLASO (Demarcation Land Surveyor Officer)
Respondent
Land Adjudication Officer
Respondent
Chief Giithu Location
Respondent
Nahashon Karuti
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Urgent Orders and Inhibition
Legal Issues
- 1 Whether the matter should be certified as urgent for purposes of granting interim orders.
- 2 Whether an inhibition order should be issued restraining the 5th respondent from trespassing on the applicant's land pending determination of the case.
- 3 Whether the O.C.S. Mikinduri Police Station should be ordered to enforce the court's orders.
Ratio Decidendi
The court found that although the applicant alleged ongoing criminal activities and sought urgent intervention, the issues raised are intertwined with the substantive dispute in the main suit. The court determined that it was not appropriate to certify the matter as urgent at this interlocutory stage but recognized the need for expeditious handling. The court therefore declined to grant the urgent orders sought but directed that the application be heard on a priority basis before the judge handling the main suit. The rationale was that the main suit court is best placed to address the merits of the application and any interim relief, ensuring that the parties' rights are determined in the...
Court Disposition
Application for urgency declined; matter to be heard on priority basis.
Orders
- The matter is not certified urgent but is to be heard on a priority basis.
- The application will be placed before Hon. Lady Lucy Mbugua, ELC Judge, at Meru on 19th August, 2020.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
MERU ELC CASE NO. 37 OF 2019 (OS)
MARGARET MUKONATHO.........................................PLAINTIFF/APPLICANT
VERSUS
ATTORNEY GENERAL..................................1ST DEFENDANT/RESPONDENT
DLASO................................................................2ND DEFENDANT/RESPONDENT
(DEMARCATION LAND SURVEYOR OFFICER)
LAND ADJUDICATION OFFICR...................3RD DEFENDANT/RESPONDENT
CHIEF GIITHU LOCATION.............................4TH DEFENDANT/RESPONDENT
NAHASHON KARUTI ....................................5TH DEFENDANT/RESPONDENT
RULING
1. This application is dated 24th July, 2020 and seeks the following orders:-
1. This Hon. Court be pleased to certify the matter herein is of uttermost urgent in the 1st instant for continuing of criminal offences of malicious damages felling of trees and splitting timbers and selling by forceful trespassing and violently.
2. This Hon. court further do issue an order for inhibition restraining the 5th respondent from forcefully and violently trespassing the applicant piece of land parcel No. 2411 at Giithu adjudication section pending hearing and determination of the case.
3. This Hon. Court to grant an order to the O.C.S. of Mikinduri Police Station to implement the court order for any forceful trespassing the suit land.
2. The application is supported by the affidavit of Margaret Mukonathu, the applicant and has the following grounds:-
a) The 5th respondent is continuing with criminal activities of forceful trespassing and violently damaging the applicant properties in the suit land knowing to be criminal offences when the case is pending in court for determination.
b) Despite several reporting to police at Mikinduri Police Station no action has been taken by the police pretending the case is in court.
3. Upon perusal of the application, I note that it concerns matters which have been under adjudication. In my view the orders sought should be handled by the court which will hear the main suit, in this case the Meru ELC Case. I issue the following orders:-
a) The matter is NOT certified urgent BUT is to be heard on priority basis.
b) The application will be placed before the Hon. Lady Lucy Mbugua, ELC Judge, at Meru on 19th August, 2020.
Delivered in Chambers at Chuka this 6th day of August, 2020 before:
CA: Ndegwa
P. M. NJOROGE,
JUDGE.