[2016] KEELC 1209 (KLR)
The court, having considered the affidavits and submissions of both parties, found that the plaintiffs satisfied the threshold for the grant of interlocutory relief as sought in prayer No. 5 of their Notice of Motion dated 3rd February 2014. The application was therefore allowed to preserve the subject matter of the...
Source-derived case information.
- Citation
- [2016] KEELC 1209 (KLR)
- Parties
- Plaintiff: Medad Ngunjiri Gathaiga; Plaintiff: Hellen Wangui Githaiga; Plaintiff: Peter Munyiri Maina; Plaintiff: Jane Wangui Maina; Plaintiff: Samuel Nyanchama Maugo; Defendant: St. Elizabeth Academy - Karen Ltd.
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 100 of 2014
- Procedural Posture
- Notice of Motion / Ruling on Interlocutory Application
- Outcome
- application allowed
- Judges
- MM Gitumbi
- Legal Topics
- Interlocutory Injunctions, Pre Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Medad Ngunjiri Gathaiga
Plaintiff
Hellen Wangui Githaiga
Plaintiff
Peter Munyiri Maina
Plaintiff
Jane Wangui Maina
Plaintiff
Samuel Nyanchama Maugo
Plaintiff
St. Elizabeth Academy - Karen Ltd.
Defendant
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the plaintiffs are entitled to the interlocutory reliefs sought in the Notice of Motion dated 3rd February 2014.
Ratio Decidendi
The court, having considered the affidavits and submissions of both parties, found that the plaintiffs satisfied the threshold for the grant of interlocutory relief as sought in prayer No. 5 of their Notice of Motion dated 3rd February 2014. The application was therefore allowed to preserve the subject matter of the dispute pending the hearing and determination of the main suit.
Court Disposition
application allowed
Orders
- The Notice of Motion dated 3rd February 2014 is allowed in terms of prayer No. 5.
- A date for pre-trial conference to be given for hearing of the suit.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
ENVIRONMENT AND LAND COURT
ELC. NO.100 OF 2014
MEDAD NGUNJIRI GATHAIGA ...
& HELLEN WANGUI GITHAIGA……….……................1ST PLAINTIFF
PETER MUNYIRI MAINA & ....
JANE WANGUI MAINA……………………………..…..2ND PLAINTIFF
SAMUEL NYANCHAMA MAUGO………….…………..3RD PLAINTIFF
VERSUS
St. ELIZABETH ACADEMY - KAREN LTD.….......…….… DEFENDANT
RULING
I have perused the Notice of Motion dated 3rd February 2014, the Replying Affidavit sworn on 24th February 2014 and the further Affidavit sworn on 18th November 2014.
I have also studied the written submissions filed by both the Plaintiffs and the Defendants.
The Notice of Motion dated 3rd February 2014 is hereby allowed in terms of prayer No. 5.
A date for pre-trial conference may now be given to pave way for the hearing of this suit.
DELIVERED AND SIGNED AT NAIROBI THIS 29TH DAY OF JANUARY 2016.
MARY M. GITUMBI
JUDGE