[2013] KEHC 4704 (KLR)

[2013] KEHC 4704 (KLR)

The court found that the plaintiff's application for an interlocutory injunction was not opposed by the defendants. In the absence of opposition and upon consideration of the application, the court exercised its discretion to grant the orders sought, restraining the defendants from interfering with plot No. 596 Kiirua/Nkando pending the hearing and determination of the suit. The court also awarded costs of the application to the plaintiff.

Citation
[2013] KEHC 4704 (KLR)
Parties
Plaintiff: M'RUTERE M'NGARUNI; Defendant: M'NGARUNI M'MUGA; Defendant: GERALD KIBITI M'RINGERA; Defendant: JOHN GITUMA
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
20 February 2013
Case Number
Environment & Land Case 45 of 2012
Procedural Posture
Environmental and Land Case / Ruling on Interlocutory Injunction Application
Outcome
Application for interlocutory injunction allowed; costs awarded to the plaintiff.
Judges
FM Njoroge
Legal Topics
Interlocutory Injunctions, Land Disputes, Possession and Use, Restraining Orders
Source Language
English
Land and Property Interlocutory Injunctions Land Disputes Possession and Use Restraining Orders

Case Brief

Summary, issues, holding and outcome

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Parties

M'RUTERE M'NGARUNI

Plaintiff

M'NGARUNI M'MUGA

Defendant

GERALD KIBITI M'RINGERA

Defendant

JOHN GITUMA

Defendant

Procedural Posture

Environmental and Land Case / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the plaintiff is entitled to an interlocutory injunction restraining the defendants from interfering with plot No. 596 Kiirua/Nkando pending the hearing and determination of the suit.
  2. 2 Whether costs of the application should be awarded to the plaintiff.

Ratio Decidendi

The court found that the plaintiff's application for an interlocutory injunction was not opposed by the defendants. In the absence of opposition and upon consideration of the application, the court exercised its discretion to grant the orders sought, restraining the defendants from interfering with plot No. 596 Kiirua/Nkando pending the hearing and determination of the suit. The court also awarded costs of the application to the plaintiff.

Court Disposition

Application for interlocutory injunction allowed; costs awarded to the plaintiff.

Orders

  • An interlocutory injunction is hereby issued restraining the defendants, their agents, servants, employees, or anyone acting on their behalf from entering, cultivating, transferring, disposing, constructing, developing, or otherwise interfering with plot No. 596 Kiirua/Nkando pending the hearing and determination of...
  • Costs of the application are awarded to the plaintiff.