[2016] KEHC 6766 (KLR)
The court adopted the consent of the parties, which provided for the maintenance of the status quo in terms of user and occupation of the suit land as prevailing at the time of the consent. The court further ordered the transfer of the suit to Maua Chief Magistrate's Court for hearing and determination, with...
Source-derived case information.
- Citation
- [2016] KEHC 6766 (KLR)
- Parties
- Plaintiff: Meme Mtomunoru; Defendant: John Kainga M'Nkubitu; Defendant: M'Mjuri Mujuri; Defendant: Joana Mutia Kaora; Defendant: Isaiah Kaindio M'Ibuamba
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 111 of 2015
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application and Transfer Order
- Outcome
- Application disposed by consent; suit transferred; status quo maintained.
- Judges
- FM Njoroge
- Legal Topics
- Injunctions, Status Quo Orders, Land Adjudication, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meme Mtomunoru
Plaintiff
John Kainga M'Nkubitu
Defendant
M'Mjuri Mujuri
Defendant
Joana Mutia Kaora
Defendant
Isaiah Kaindio M'Ibuamba
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application and Transfer Order
Legal Issues
- 1 Whether a temporary injunction should issue to restrain the defendants from interfering with the plaintiff's ownership and possession of the suit land pending hearing and determination of the suit.
- 2 Whether the suit should be transferred to Maua Chief Magistrate's Court as per the parties' consent.
- 3 Whether the status quo regarding user and occupation of the suit land should be maintained pending further directions.
Ratio Decidendi
The court adopted the consent of the parties, which provided for the maintenance of the status quo in terms of user and occupation of the suit land as prevailing at the time of the consent. The court further ordered the transfer of the suit to Maua Chief Magistrate's Court for hearing and determination, with directions to be issued by that court regarding the pending application and the main suit. The court's decision was based on the parties' agreement and the need to preserve the subject matter of the dispute pending determination by the appropriate forum.
Court Disposition
Application disposed by consent; suit transferred; status quo maintained.
Orders
- The consent of the parties is adopted as an order of the court.
- The parties shall maintain status quo in terms of user and occupation of the suit land as prevailing at the time of the consent.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND CASE NO 111 OF 2015
MEME MTOMUNORU..........................................................................PLAINTIFF
VERSUS
JOHN KAINGA M'NKUBITU.....................................................1ST DEFENDANT
M'MJURI MUJURI …...............................................................2ND DEFENDANT
JOANA MUTIA KAORA............................................................3RD DEFENDANT
ISAIAH KAINDIO M'IBUAMBA …...........................................4TH DEFENDANT
R U L I N G
This application is dated 10th December, 2015 and seeks orders:-
THATthis Honourable Court be pleased to certify this application urgent and proceed to hear the same ex-parte in the first instance and appropriate orders made.
THATthis Honourable Court be pleased to issue a temporary order of injunction restraining the Defendants/Respondents by themselves, their agents, servants and or employees or whomsoever else acting on the Defendants/Respondents behalf or instructions from entering into, occupying, harvesting miraa, cultivating , fencing off, trespassing and/or in any other manner whatsoever or howsoever dealing with or interfering with the Plaintiff/ Applicant's ownership, possession and user of the original land parcel No. 1970 AKIRANGONDU “A” ADJUDICATION SECTION and all the portions illegally created therein particularly parcel Nos. 1942, 4734, 3575, 3775 and 2386 pending the inter-partes hearing of this application and thereafter as the court shall order.
THATthis Honourable Court be pleased to issue a temporary order of injunction restraining the Defendants/Respondents by themselves, their agents, servants and /or employees, or whomsoever else acting on the Defendants/Respondent behalf or instructions from entering into, occupying, harvesting miraa, cultivating, fencing off, constructing, trespassing into and/or in any other manner whatsoever or however dealing with or interfering with the Plaintiff/Applicant's ownership possession and user of the original Land Parcel No. 1970 AKIRANGONDU “A” ADJUDICATION SECTION and all the portions illegally created therein particularly parcel Nos. 1942, 4734, 3575,3775 and 2386 pending the hearing and determination of this suit.
THATcosts of this application be costs in the cause.
The application is buttressed by the Affidavit of Meme Mtomunoru the Plaintiff.
On 16th February, 2016, the parties asked the Court to transfer the suit to Maua Chief Magistrate's' Court in accordance with a Consent the parties wanted the Court to adopt as its order.
The Consent is in the following terms:-
“By Consent of Counsels for the Plaintiff herein the parties herein shall maintain status quo in terms of user and occupation of the suitland, which status quo is as is prevailing at the time of recording this consent. Meanwhile the suit be transferred to Maua Chief Magistrate's Court for hearing and determination. The Maua Court shall issue directions on how to proceed with the application dated 10/12/2015 and on the main suit itself”.
The Consent is adopted as an order of this Court. By, Consent, parties are to appear before Maua Senior Principal Magistrate's Court for directions on 24th February, 2016.
It is so ordered.
Delivered in Open Court at Meru this 16th day of February, 2016 in the presence of:-
CC: Daniel /Lilian
Kariuki for Plaintiff/Applicant
Mbogo for Defendants/Respondents
P. M. NJOROGE
JUDGE