[2018] KEELC 2524 (KLR)
The court determined that the appropriate interim measure was to maintain the status quo, allowing the plaintiff to continue occupying only the portion of land he currently occupies, without any extension. This preserves the subject matter of the dispute and prevents prejudice to any party pending the hearing and...
Source-derived case information.
- Citation
- [2018] KEELC 2524 (KLR)
- Parties
- Plaintiff: M’Arithi Joel; Defendant: Charity Njiru; Defendant: Martha Riara M’Murithi; Defendant: Jackson Mbaabu Riungu; Defendant: Cecilia Ukima Frankline; Defendant: Felicity Nkuene Muthamia; Defendant: Edith Gakiiru M’Kaini; Defendant: Eliphas Miriti Kiara
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 11 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Interim Application
- Outcome
- interim orders granted; parties directed to explore ADR
- Legal Topics
- Status Quo Orders, Interim Injunctions, Land Occupation Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
M’Arithi Joel
Plaintiff
Charity Njiru
Defendant
Martha Riara M’Murithi
Defendant
Jackson Mbaabu Riungu
Defendant
Cecilia Ukima Frankline
Defendant
Felicity Nkuene Muthamia
Defendant
Edith Gakiiru M’Kaini
Defendant
Eliphas Miriti Kiara
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interim Application
Legal Issues
- 1 Whether the plaintiff should be allowed to continue occupying the portion of land currently in his possession pending determination of the suit.
- 2 Whether the parties should be directed to explore alternative dispute resolution mechanisms.
Ratio Decidendi
The court determined that the appropriate interim measure was to maintain the status quo, allowing the plaintiff to continue occupying only the portion of land he currently occupies, without any extension. This preserves the subject matter of the dispute and prevents prejudice to any party pending the hearing and determination of the main suit. Additionally, the court directed the parties to explore alternative dispute resolution, in line with constitutional and statutory imperatives to encourage amicable settlement of disputes.
Court Disposition
interim orders granted; parties directed to explore ADR
Orders
- Plaintiff to continue occupying the portion of land he is already occupying and not to extend the same.
- Parties to explore alternative dispute resolution.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC NO 11 OF 2018
M’ARITHI JOEL ........................................................................ PLAINTIFF
VERSUS
CHARITY NJIRU ............................................................. 1ST DEFENDANT
MARTHA RIARA M’MURITHI ...................................... 2ND DEFENDANT
JACKSON MBAABU RIUNGU ..................................... 3RD DEFENDANT
CECILIA UKIMA FRANKLINE ..................................... 4TH DEFENDANT
FELICITY NKUENE MUTHAMIA ............................... 5TH DEFENDANT
EDITH GAKIIRU M’KAINI .......................................... 6TH DEFENDANT
ELIPHAS MIRITI KIARA ............................................. 7TH DEFENDANT
RULING
1. The application dated 27. 3.2018 seeking the following orders is settled by way of maintaining status quo, the same entails that plaintiff is to continue occupying the portion of the land he is already occupying and he should not extend the same.
2. Further, parties to explore Alternative Dispute Resolution.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 10th DAY OF MAY, 2018
HON. L. N. MBUGUA
ELC JUDGE