[2017] KEHC 515 (KLR)
The court found that the applicant had established a prima facie case for the grant of a temporary injunction. The evidence, including photographs, demonstrated a grave situation on the ground, with the dumping of waste on the school property posing a potential health hazard. The defendant's threats to close the...
Source-derived case information.
- Citation
- [2017] KEHC 515 (KLR)
- Parties
- Plaintiff: Mohamed Husein Mohamed t/a Ummul Qura; Defendant: The County Government of Marsabit
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 321 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction
- Outcome
- application allowed
- Legal Topics
- Interlocutory Injunctions, Allotment Letters, School Land Disputes, Municipal Authority Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Husein Mohamed t/a Ummul Qura
Plaintiff
The County Government of Marsabit
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendant from interfering with Plot 5121 Moyale Township.
- 2 Whether the defendant's actions threaten the plaintiff's proprietary rights and the operation of the school.
- 3 Whether the circumstances justify police assistance and permission to fence the property.
Ratio Decidendi
The court found that the applicant had established a prima facie case for the grant of a temporary injunction. The evidence, including photographs, demonstrated a grave situation on the ground, with the dumping of waste on the school property posing a potential health hazard. The defendant's threats to close the school and cancel the allotment letter further justified the need for injunctive relief. The court determined that the balance of convenience favoured the applicant, as the property was being used for educational purposes benefiting the community. Accordingly, the court allowed the application and granted the orders sought to restrain the defendant from interfering with the...
Court Disposition
application allowed
Orders
- A temporary injunction is issued restraining the defendant, its servants, agents, employees, or any person acting on its behalf from leasing, interfering, selling, mortgaging, or cancelling the allotment letter for Plot 5121 Moyale Township allocated to the plaintiff.
- The OCS Moyale Police Station is to assist in enforcing the above order and ensuring peace prevails on Plot 5121 Moyale Township and to effect service of court process on the defendant.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC NO. 321 OF 2017
MOHAMED HUSEIN MOHAMED T/A UMMUL QURA.................PLAINTIFF
VERSUS
THE COUNTY GOVERNMENT OF MARSABIT........................DEFENDANT
RULING
1. The Notice of Motion dated 16th November, 2017 seeks the following orders:-
1) Spent.
2) That a temporary Injunction be issued against the respondents, their servant, agent employee, and anybody else acting under instructions, impersonating to act on their behalf to be restrained from leasing interfering, selling, mortgaging the property and/or cancelling the allotment letter for property namely PLOT 5121 Moyale township allocated to the plaintiff.
3) That the OCS Moyale Police Station do assist in enforcing the above order and ensuring that peace prevails on the property namely Plot No. 5121 Moyale Township and to effect service of the Court Process on the defendants.
4) That the Applicant be allowed to fence the school compound with a permanent wall as per the allotment letter beacons.
2. The Application is based on the grounds that:-
a) The property in issue belongs to the school managed by the applicant.
b) That the institution is taking care of the community to eradicate illiteracy in the community.
c) The Defendant has threated to close the school and cancel the allotment letter for the applicant.
3. I have confirmed that the Respondent has been served. The Court has seen the annextures particularly the photographs which paint a very grave situation on the ground. The process of dumping waste in the schools is a potential health hazard.
4. In the Circumstances, I find that the application has merits.
5. The application dated 16:11:17 is allowed in terms of prayers 2, 3, 4 but costs of the application to be determined in the main suit.
6. The Injunctive Orders to remain in force for a period of 1 (one Year).
DELIVERED, SIGNED AND DATED IN OPEN COURT AT MERU THIS 5TH DAY OF DECEMBER, 2017 IN THE PRESENCE OF:-
Court Assistant: Janet
HON. L. N. MBUGUA
ELC JUDGE