[2014] KEHC 638 (KLR)
The court found that the applicant had established a prima facie case by demonstrating ownership and long-standing possession of the suit land, as well as evidence of developments and community engagement. The threat by the respondent to forcibly take over a portion of the land posed a real risk of irreparable harm...
Source-derived case information.
- Citation
- [2014] KEHC 638 (KLR)
- Parties
- Plaintiff: Meru Ginnery (1994) Ltd; Defendant: The Chairman Gaitu Self Help Health Centre
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 136 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction
- Outcome
- interlocutory injunction granted
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Injunctions, Trespass to Land, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meru Ginnery (1994) Ltd
Plaintiff
The Chairman Gaitu Self Help Health Centre
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the applicant is entitled to an interlocutory injunction restraining the respondent from entering or interfering with land parcel L/P ABOTHUGUCHI/630 pending determination of the suit.
- 2 Whether the applicant has demonstrated a prima facie case with a likelihood of success.
- 3 Whether the applicant will suffer irreparable harm if the injunction is not granted.
Ratio Decidendi
The court found that the applicant had established a prima facie case by demonstrating ownership and long-standing possession of the suit land, as well as evidence of developments and community engagement. The threat by the respondent to forcibly take over a portion of the land posed a real risk of irreparable harm to the applicant, including potential loss of land and equipment. The respondents, having been duly served, failed to appear or contest the application. Applying the principles for granting interlocutory injunctions, the court determined that the balance of convenience favored maintaining the status quo and protecting the applicant's interests pending the hearing and...
Court Disposition
interlocutory injunction granted
Orders
- An order is granted restraining, stopping, prohibiting and/or barring the respondent, his agents, employees, servants and/or any person whatsoever from entering, trespassing, invading and/or taking out any operations and/or activities on all the land known as L/P ABOTHUGUCHI/630 until the hearing and determination...
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L N0. 136 OF 2014
MERU GINNERY (1994)LTD......................................PLAINTIFF
VERSUS
THE CHAIRMAN GAITU
SELF HELP HEALTH CENTRE..........................1ST DEFENDANT
R U L I N G
This application by way of Notice of Motion is dated 18. 9.2014 and seeks orders:
THATthe application be certified as urgent and service thereof be dispensed with and the same be heard ex- part in the first instance.
THATThis Honourable Court do grant an Oder restraining, stopping, prohibiting and/or baring the respondent, his agents, employees, servants and/or any person whatsoever from entering, trespassing, invading and/or taking out any operations and/or activities on all the land known as L/P ABOTHUGUCHI/630 until the hearing and determination of this Application Inter-Parties.
THATthe Honourable Court do grant an Order restraining, stopping prohibiting and/ or baring the respondent his agents, employees, servants and/or any person whatsoever from entering, trespassing, invading and/or taking out any operations and/or activities on all the land known as L/P ABOTHUGUCHI/630 until the hearing and determination of the suit herein.
THATthe costs of this application be provided for.
It is predicated upon the following grounds:
That the Applicant is a Limited Liability Company having been incorporated as such in the Republic of Kenya.
That the Applicant purchased the suit land herein sometime in 1977 from the County Council of Meru and the same was transferred to it in the names of MERU GINNERY LIMITED as it was then known.
That the Applicant re-branded in 1995 and the suit land was transferred to the Applicant's new and current name.
That the Applicant has been in possession of the suit land enjoying quiet possession without any disturbance and/or interruptions whatsoever from anyone.
That the applicant has made numerous developments on the land and has even promised the local community to build for them a dispensary as part of its Corporate Social Responsibility.
That by a letter dated 4th September, 2014 the Respondents have threatened to storm and forcefully take over an unidentified portion of the Applicant's land approximately 2. 645 Ha anytime after the 18th day of September, 2014.
That the Respondents have no claim on any portion of the applicant's land whatsoever.
The Applicant is apprehensive that any such actions shall occasion it irreparable damages and huge losses.
That unless the orders sought are issued there is imminent danger of applicant losing its land and equipment thereon which will occasion irreparable damage.
That this application has been made without any unreasonable delay.
That this application will not occasion any prejudice to the Defendants/Respondents.
That this application sought,(sic) be granted in the interests of justice and fairness.
Interim orders had been issued on 18. 9.2014. Although the respondents had been properly served as evidenced by the Affidavit of service filed on 24. 9.2014, they did not come to court for the interpartes hearing. Counsel for the applicant urged the Court to grant prayer 3. He also urged that costs be in the cause.
I hereby grant Prayer 3. Costs shall be in the cause.
Delivered in Open Court at Meru this 1st day of October, 2014 in the presence of:
Cc Daniel/Lilian
Kago for the Applicant's
P. M. NJOROGE
JUDGE