[2023] KEELC 17143 (KLR)
The court declined to grant conservatory orders of injunction because the suit had already been struck out, meaning there was no longer a substantive matter before the court upon which such orders could be anchored. The court emphasized that once a negative order striking out a suit is delivered, the suit ceases to...
Source-derived case information.
- Citation
- [2023] KEELC 17143 (KLR)
- Parties
- Applicant: Dorothy Seyanoi Moschion; Respondent: Charles Kimeria Mwangi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 350 of 2018
- Procedural Posture
- Environment and Land Case / Ruling on Oral Application for Conservatory Injunction
- Outcome
- Application for conservatory orders of injunction declined; all prior restraining orders discharged.
- Judges
- LN Mbugua
- Legal Topics
- Conservatory Orders, Injunctions, Striking Out of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorothy Seyanoi Moschion
Applicant
Charles Kimeria Mwangi
Respondent
Procedural Posture
Environment and Land Case / Ruling on Oral Application for Conservatory Injunction
Legal Issues
- 1 Whether the court can grant conservatory orders of injunction after the suit has been struck out.
- 2 Whether any restraining orders previously issued remain in force after the suit is struck out.
Ratio Decidendi
The court declined to grant conservatory orders of injunction because the suit had already been struck out, meaning there was no longer a substantive matter before the court upon which such orders could be anchored. The court emphasized that once a negative order striking out a suit is delivered, the suit ceases to exist, and any interlocutory or restraining orders previously issued fall away. Therefore, the application for conservatory orders was refused, and all prior restraining orders were discharged.
Court Disposition
Application for conservatory orders of injunction declined; all prior restraining orders discharged.
Orders
- The oral application for conservatory orders of injunction is declined.
- Any restraining orders issued before the delivery of this ruling are discharged.
Full Case Text
Judgment text and source record
18 paragraphs
Moschion v Mwangi (Environment & Land Case 350 of 2018) [2023] KEELC 17143 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEELC 17143 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 350 of 2018
LN Mbugua, J
April 27, 2023
Between
Dorothy Seyanoi Moschion
Applicant
and
Charles Kimeria Mwangi
Respondent
Ruling
1. I have considered the oral application made by counsel for plaintiff for the court to grant conservatory orders of injunction. I have also considered the responses made thereof.
2. As rightly submitted by Mr. Litoro and Mr. Shah, the suits herein (2018 series) have been struck out. Thus they no longer exist as a negative order has been delivered. In the circumstances I decline to grant any conservatory orders at this stage.
3. Any restraining orders issued before the delivery of today’s ruling have now fallen by the way side and are hereby discharged.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 27TH DAY OF APRIL, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Miyare for plaintiffLitoro for Defendant in 350 of 2018 and for 2nd, 3rd, 4th Defendants in 368 of 2018Shah for 3rd Defendant in 915 of 2012, and Defendants in 367 and 374 of 2018Mwango holding brief for Sisule for 1st and 2nd Defendants in 915 of 2012M/s Jagongo holding brief for S.C Jan Mohamed in 305, 338 and 348 of 2018 and for 1st Defendant in 349 of 2018. M/s Ndirangu holding brief for Mr. Nderitu (SC) for 7th Defendant in 368 of 2018Court assistant: Vanilla