[2024] KEELC 5538 (KLR)

[2024] KEELC 5538 (KLR)

The court found that since the defendants, though served, had not filed any response, it was appropriate to grant an order of status quo to preserve the suit property. The order restrains any party from selling, transferring, charging, constructing on, or otherwise dealing with the property in a manner that would...

Source-derived case information.

Citation
[2024] KEELC 5538 (KLR)
Parties
Plaintiff: Franklin Murithi Mbabu; Defendant: Benson Muchoki Nyaga; Defendant: Chief Land Registrar; Defendant: Hon Attorney General; Defendant: Embakasi Ranching Company Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case E229 of 2024
Procedural Posture
Environment and Land Case / Interlocutory Ruling on Interim Orders
Outcome
Interim order of status quo granted; matter set for mention for further directions.
Judges
JA Mogeni
Legal Topics
Status Quo Orders, Alienation of Land, Interim Injunctions
Source Language
en
Land and Property Status Quo Orders Alienation of Land Interim Injunctions

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Summary, issues, holding and outcome

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Parties

Franklin Murithi Mbabu

Plaintiff

Benson Muchoki Nyaga

Defendant

Chief Land Registrar

Defendant

Hon Attorney General

Defendant

Embakasi Ranching Company Limited

Defendant

Procedural Posture

Environment and Land Case / Interlocutory Ruling on Interim Orders

Legal Issues

  1. 1 Whether the court should grant an order of status quo to preserve the suit property pending hearing and determination of the suit.

Ratio Decidendi

The court found that since the defendants, though served, had not filed any response, it was appropriate to grant an order of status quo to preserve the suit property. The order restrains any party from selling, transferring, charging, constructing on, or otherwise dealing with the property in a manner that would alter its current state until the suit is heard and determined. This ensures that the subject matter of the dispute is preserved and that the rights of the parties are protected pending the final determination of the case.

Court Disposition

Interim order of status quo granted; matter set for mention for further directions.

Orders

  • An order of status quo is issued to preserve the suit property as it is and to ensure that the property is not alienated in any way, including sale, transfer, charging, construction, or any other dealing until the suit is heard and determined.
  • Mention for further direction on disposal of the suit shall be on 4/11/2024.