[2009] KEHC 1655 (KLR)
The court found that, in the interests of justice, it was appropriate to maintain the status quo regarding the suit property (LR NO. MN/VI/3615) pending the full hearing and determination of the suit. The court partially granted the applicant's prayers by restraining the 2nd defendant and its agents from alienating,...
Source-derived case information.
- Citation
- [2009] KEHC 1655 (KLR)
- Parties
- Plaintiff: Margrove Investments Limited; Defendant: Attorney General; Defendant: National Water Conservation & Pipeline Corporation
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Case 103 of 2009
- Procedural Posture
- Civil Case / Interlocutory Application (chamber Summons) for Mandatory Orders
- Outcome
- Interlocutory mandatory orders partially granted; status quo to be maintained.
- Judges
- JV Juma
- Legal Topics
- Interlocutory Injunctions, Status Quo Orders, Land Alienation, Mandatory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margrove Investments Limited
Plaintiff
Attorney General
Defendant
National Water Conservation & Pipeline Corporation
Defendant
Procedural Posture
Civil Case / Interlocutory Application (chamber Summons) for Mandatory Orders
Legal Issues
- 1 Whether the applicant is entitled to interlocutory mandatory orders restraining the 2nd defendant from dealing with LR NO. MN/VI/3615 pending determination of the suit.
- 2 Whether maintaining the status quo is appropriate in the interests of justice.
Ratio Decidendi
The court found that, in the interests of justice, it was appropriate to maintain the status quo regarding the suit property (LR NO. MN/VI/3615) pending the full hearing and determination of the suit. The court partially granted the applicant's prayers by restraining the 2nd defendant and its agents from alienating, transferring, charging, leasing, or subdividing the property in any manner until the suit is heard and determined. The court exercised its discretion to preserve the subject matter of the dispute and prevent any action that could render the final judgment nugatory.
Court Disposition
Interlocutory mandatory orders partially granted; status quo to be maintained.
Orders
- The 2nd Defendant, its agents, servants, employees, or any person claiming under it are restrained from alienating, transferring, charging, leasing, or subdividing LR NO. MN/VI/3615 and all developments thereon until the hearing and final determination of this suit.
- Costs in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA
Civil Case 103 of 2009
MARGROVE INVESTMENTS LIMITED ... PLAINTIFF
VERSUS
1. ATTORNEY GENERAL
2. NATIONAL WATER CONSERVATION &
PIPELINE CORPORATION .................DEFENDANTS
**********************
RULING
Before court is the Applicants chamber summons dated 7th April 2009 seeking interlocutory mandatory orders in respect of LR NO. MN/VI/3615 (hereinafter referred to as the suit property). I have carefully considered submissions both for and in opposition to this present application. I have also carefully read the annexed affidavits. It is my considered opinion that the interests of justice would be best served by maintaining the status quo pending the full hearing and determination of this suit. As such I do hereby partially grant the prayers in this present application and order as follows:-
(1) THAT the 2nd Defendant whether by itself and/or its agents and/or servants and/or employees and/or any person claiming under the 2nd Defendant in any manner whatsoever and howsoever be restrained from alienating, transferring charging, leasing and/or sub-dividing in any way whatsoever all that parcel of land known as LR NO. MN/VI/3615 together with all buildings and developments thereon until the hearing and final determination of this suit.
(2) Costs in the cause.
Dated and delivered at Mombasa this 6th day of August 2009.
M. ODERO
JUDGE
Read in open court in the presence of:
Mrs. Kawere for Plaintiff/Applicant
Ms. Ngugi for 2nd Defendant/Respondent
No appearance for Attorney General
M. ODERO
JUDGE
6. 8.2009