[2024] KEHC 14688 (KLR)
The court determined that the issues raised regarding the alleged breach of court orders and the conduct of an AGM and elections for the trust are serious and require full evaluation at trial. Granting orders to restore the status quo ante or a mandatory injunction at this stage would effectively determine the...
Source-derived case information.
- Citation
- [2024] KEHC 14688 (KLR)
- Parties
- Plaintiff: Eunice Saoina Marima; Plaintiff: Piaro Ole Norpoor; Plaintiff: Mike Ole Marima; Defendant: Purko Development; Defendant: Chairman Purko Development Trust; Defendant: Seleila Ole Mwanik; Defendant: The Government Narok County; Defendant: Narok North Member of Parliament
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E005 of 2024
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Applications Regarding AGM and Contempt Allegations
- Outcome
- Status quo to be maintained; respondents warned against any breach pending hearing.
- Judges
- F Gikonyo
- Legal Topics
- Status Quo Orders, Mandatory Injunctions, Contempt of Court, Trust Elections
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Saoina Marima
Plaintiff
Piaro Ole Norpoor
Plaintiff
Mike Ole Marima
Plaintiff
Purko Development
Defendant
Chairman Purko Development Trust
Defendant
Seleila Ole Mwanik
Defendant
The Government Narok County
Defendant
Narok North Member of Parliament
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Applications Regarding AGM and Contempt Allegations
Legal Issues
- 1 Whether the respondents breached a court order by conducting an AGM and elections for the trust.
- 2 Whether to grant orders maintaining the status quo or a mandatory injunction pending full hearing.
- 3 Whether the actions alleged amount to contempt of court.
Ratio Decidendi
The court determined that the issues raised regarding the alleged breach of court orders and the conduct of an AGM and elections for the trust are serious and require full evaluation at trial. Granting orders to restore the status quo ante or a mandatory injunction at this stage would effectively determine the applications before hearing. Therefore, the court ordered that the status quo be maintained, with a specific warning to the respondents not to engage in any activities that could amount to contempt or breach of the court's authority. The court emphasized that any such breach would be viewed seriously and could attract legal consequences.
Court Disposition
Status quo to be maintained; respondents warned against any breach pending hearing.
Orders
- Let things remain as they are at the moment.
- Respondents are not to engage in anything untoward which will lead them into trouble with the law.
Full Case Text
Judgment text and source record
33 paragraphs
Marima & 2 others v Purko Development & 4 others (Civil Suit E005 of 2024) [2024] KEHC 14688 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14688 (KLR)
Republic of Kenya
In the High Court at Narok
Civil Suit E005 of 2024
F Gikonyo, J
November 25, 2024
Between
Eunice Saoina Marima
1st Plaintiff
Piaro Ole Norpoor
2nd Plaintiff
Mike Ole Marima
3rd Plaintiff
and
Purko Development
1st Defendant
Chairman Purko Development Trust
2nd Defendant
Seleila Ole Mwanik
3rd Defendant
The Government Narok County
4th Defendant
Narok North Member of Parliament
5th Defendant
Ruling
1. The court has given directions on the two Applications. The 2nd application seeks to stop an AGM which Mr. Dikir says took place and conducted elections for the Trust which had been stopped by the court.
2. The issues raised by Dikir are serious but will require full evaluation of facts and evidence as they border on contempt of court. Similarly, it appears the legal problem is mutating: whether this is legally accepted or breach of the court order herein, will also require full evaluation to appreciate its full tenor and consequences.
3. However, as Kiptoo stated that nothing is going on in the trust; it is hoped nothing will go on from today lest they will invite the wrath of the law upon themselves.
4. As election is the key issue, orders of status quo ante will have the effect of determining the applications before they are heard. Such would be one of the orders that the court may grant in form of a mandatory injunction should Mr. Dikir succeed in his client’s application.
5. Therefore, let things remain as they are at the moment: except the Respondents should not engage in anything untoward which will lead them into trouble with the law. The court will take serious view of any such breach.
6. Orders accordingly.
DATED, SIGNED, AND DELIVERED AT NAROK THROUGH TEAMS APPLICATION, THIS 25TH DAY OF NOVEMBER, 2024. ----------------------F. GIKONYO MJUDGEIn the presence of: -Otolo C/ADikir for Applicants - PresentKiptoo for 1st, 2nd & 3rd Respondents – PresentTuya & Ms. Njihia for Ms. Maritim for 4th Defendant – Present