[2022] KEELC 2583 (KLR)
The court determined that, in the interests of justice and to avoid prejudice to the applicant, the application for stay of eviction should be heard on a priority basis. The court directed that the application be served properly on the respondent and set an inter partes hearing date. No substantive orders for stay...
Source-derived case information.
- Citation
- [2022] KEELC 2583 (KLR)
- Parties
- Plaintiff: Evangeline Kaungu M’Mwenda (Suing as legal representative of Julius M’Mwenda Mwithiga); Defendant: Fatuma Mohamed Mire
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E002 of 2022
- Procedural Posture
- Environment and Land Case / Interlocutory Application Ruling
- Outcome
- Application to be heard on priority basis; directions issued for service and inter partes hearing.
- Judges
- PM Njoroge
- Legal Topics
- Eviction Stay, Interlocutory Injunctions, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Evangeline Kaungu M’Mwenda (Suing as legal representative of Julius M’Mwenda Mwithiga)
Plaintiff
Fatuma Mohamed Mire
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to a temporary stay of eviction from LR NO. 7918/75 Isiolo Township pending hearing of the application.
- 2 Whether the application should be heard on a priority basis.
Ratio Decidendi
The court determined that, in the interests of justice and to avoid prejudice to the applicant, the application for stay of eviction should be heard on a priority basis. The court directed that the application be served properly on the respondent and set an inter partes hearing date. No substantive orders for stay of eviction were granted at this stage; the court only made procedural directions to ensure fair hearing of the application.
Court Disposition
Application to be heard on priority basis; directions issued for service and inter partes hearing.
Orders
- The application will be heard on a priority basis.
- The applicant is to properly serve the application upon the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
M’Mwenda (Suing as legal representative of Julius M’Mwenda Mwithiga) v Mire (Environment & Land Case E002 of 2022) [2022] KEELC 2583 (KLR) (14 July 2022) (Ruling)
Neutral citation: [2022] KEELC 2583 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case E002 of 2022
PM Njoroge, J
July 14, 2022
Between
Evangeline Kaungu M’Mwenda (Suing as legal representative of Julius M’Mwenda Mwithiga)
Plaintiff
and
Fatuma Mohamed Mire
Defendant
Ruling
1. This Application is dated 5th of July, 2022 and seeks the following orders:A.The honourble court be pleased to hear this application on a priority basis.B.The Honorable court be pleased to (sic) temporary stay (sic) eviction of the applicant from the suit premises pending the hearing of this applicationC.The Honourbale court be pleased to stay the eviction of the applicant from LR NO. 7918/75 Isiolo Township for a period of 6 months to enable applicant vacate the suit premises in peace.D.Any other orders as may meet the ends of Justice.E.Costs be provided for.
2. The application is supported by the applicant’s affidavit sworn on 5th July, 2022 and the grounds on its face, the following orders are issued:a.The Application will be heard on priority basis.b.the Applicant is to property serve the application upon Respondents.c.the Application will be heard interpartes on July 25, 2022
DELIVERED IN CHAMBERS AT ISIOLO THIS 14TH DAY OF JULY, 2022 IN THE PRESENCE OF :-Court Assistant: BaloziParties not in court.HON. MR. JUSTICE P. M. NJOROGEJUDGE