[2023] KEELC 18830 (KLR)
The court found that, given both parties were not opposed to the maintenance of the status quo and considering the need to preserve the subject matter of the dispute, it was appropriate to grant orders restraining the County Land Registrar Nakuru from interfering with the register of the suit property and to...
Source-derived case information.
- Citation
- [2023] KEELC 18830 (KLR)
- Parties
- Plaintiff: John Gathu Mbote (Suing Through his Attorney Faith Wanjiru Mbote); Defendant: Daniel Barugu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E026 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction Application
- Outcome
- Temporary injunction granted; status quo to be maintained until hearing and determination of the suit.
- Judges
- A Ombwayo
- Legal Topics
- Temporary Injunctions, Status Quo Orders, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Gathu Mbote (Suing Through his Attorney Faith Wanjiru Mbote)
Plaintiff
Daniel Barugu
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether a temporary injunction should be granted to restrain the defendant from dealing with the suit property pending determination of the suit.
- 2 Whether the status quo should be preserved regarding the suit property and its register until the suit is heard and determined.
Ratio Decidendi
The court found that, given both parties were not opposed to the maintenance of the status quo and considering the need to preserve the subject matter of the dispute, it was appropriate to grant orders restraining the County Land Registrar Nakuru from interfering with the register of the suit property and to maintain the status quo on the ground. No further dealings, subdivision, sale, or charging of the property should occur until the suit is heard and determined. The court emphasized the importance of fast-tracking the matter while ensuring the property is preserved in its current state.
Court Disposition
Temporary injunction granted; status quo to be maintained until hearing and determination of the suit.
Orders
- The County Land Registrar Nakuru is restrained from interfering with the status of the register of Dundori/Lanet Block5/303 Kiamunyeki until hearing and determination of the suit.
- Status quo to be maintained on the ground; no selling, subdivision, or charging of the property until the suit is heard and determined.
Full Case Text
Judgment text and source record
17 paragraphs
Mbote (Suing Through his Attorney Faith Wanjiru Mbote) v Barugu (Environment & Land Case E026 of 2023) [2023] KEELC 18830 (KLR) (11 July 2023) (Ruling)
Neutral citation: [2023] KEELC 18830 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case E026 of 2023
A Ombwayo, J
July 11, 2023
Between
John Gathu Mbote (Suing Through his Attorney Faith Wanjiru Mbote)
Plaintiff
and
Daniel Barugu
Defendant
Ruling
1. I have considered the application dated 3rd April 2023 wherein the applicant is seeking order that pending the hearing and determination of this suit this honorable court be pleased to issue a temporary injunction restraining the defendant, respondent, his employees servants and or agents from further dealing subdividing, leasing, selling charging entering and transferring the plaintiff’s land known as Dundori/Lanet Block5/303 Kiamunyeki measuring approximately 0. 9850 Ha. The respondent replied to the application on April 28, 2023. Both parties are not opposed to an order of status quo. The plaintiffs in the plaint prays for a permanent injunction restraining the defendant from any further dealing, subdividing, leasing, selling charging or entering into the suit land and a declaration that he is the bonafide owner. He further pray for a declaration that the certificate was illegally issued and cancelled.
2. I have considered the lengthy and reasoned submissions on both sides and do find that this is a case that should be fast-tracked with the preservation of the status quo on the ground and the register and I do make orders in terms that the County Land Registrar Nakuru to be restrained from interfering with the status of the register of the suit property known as Dundori/Lanet Block5/303 Kiamunyeki measuring approximately 0. 9850 Ha. Until hearing and determination of the suit. Moreover, the status quo to be maintained on the ground, thus no selling subdivision, charging of the property until the suit is heard and determined.
Ruling dated, signed and delivered virtually at Nakuru this 11th day of July 2023. A O OMBWAYOJUDGE