[2023] KEELC 17052 (KLR)
The court declined to grant interim injunctive orders because there is a parallel suit (ELC 122 of 2023) involving the same subject matter and parties, in which interim orders have already been issued by a court of concurrent jurisdiction. The court held that it cannot interfere with or declare illegal the orders...
Source-derived case information.
- Citation
- [2023] KEELC 17052 (KLR)
- Parties
- Applicant: Ephantus Mugo Muriuki; Respondent: Udbi Yayeye Haji; Respondent: Fatuma Maalim Alio; Respondent: Muiktar Abdulle Omar; Respondent: Muhyidin Mohamed Dhuhulow; Respondent: Adan Gaboe Noor; Respondent: Hawa Elmi Sheikh; Respondent: Ali Rukenyo Ahmed; Respondent: Chief Land Registrar; Respondent: Attorney General; Respondent: National Land Commission; Respondent: Commissioner Of Lands; Respondent: Nairobi City Council; Respondent: Director Of Physical Planning
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E097 of 2023
- Procedural Posture
- Environment and Land Appeal / Ruling on Interlocutory Application for Interim Injunction
- Outcome
- Application for interim injunctive orders declined; suit to be mentioned alongside parallel suit for further directions.
- Judges
- LN Mbugua
- Legal Topics
- Interim Injunctions, Multiplicity of Suits, Parallel Proceedings, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ephantus Mugo Muriuki
Applicant
Udbi Yayeye Haji
Respondent
Fatuma Maalim Alio
Respondent
Muiktar Abdulle Omar
Respondent
Muhyidin Mohamed Dhuhulow
Respondent
Adan Gaboe Noor
Respondent
Hawa Elmi Sheikh
Respondent
Ali Rukenyo Ahmed
Respondent
Chief Land Registrar
Respondent
Attorney General
Respondent
National Land Commission
Respondent
Commissioner Of Lands
Respondent
Nairobi City Council
Respondent
Director Of Physical Planning
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Interlocutory Application for Interim Injunction
Legal Issues
- 1 Whether the court should grant interim injunctive orders when a parallel suit involving the same subject matter and parties is pending before another judge.
- 2 Whether the court has jurisdiction to interfere with orders issued by a court of concurrent jurisdiction.
- 3 Whether granting orders in the current suit would result in conflicting court orders.
Ratio Decidendi
The court declined to grant interim injunctive orders because there is a parallel suit (ELC 122 of 2023) involving the same subject matter and parties, in which interim orders have already been issued by a court of concurrent jurisdiction. The court held that it cannot interfere with or declare illegal the orders issued by another judge of equal status, as this would exceed its jurisdiction and risk creating conflicting orders. The court emphasized the need to avoid a scenario where coordinate courts issue contradictory orders on the same matter, which would undermine the administration of justice. Consequently, the court directed that the current suit be mentioned alongside the parallel...
Court Disposition
Application for interim injunctive orders declined; suit to be mentioned alongside parallel suit for further directions.
Orders
- The application for interim injunctive orders is declined.
- This suit is to be mentioned alongside ELC No. 122 of 2023 before Judge Wabwoto for further directions and determination.
Full Case Text
Judgment text and source record
45 paragraphs
Muriuki v Haji & 12 others (Environment and Land Appeal E097 of 2023) [2023] KEELC 17052 (KLR) (20 April 2023) (Ruling)
Neutral citation: [2023] KEELC 17052 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Appeal E097 of 2023
LN Mbugua, J
April 20, 2023
Between
Ephantus Mugo Muriuki
Claimant
and
Udbi Yayeye Haji
1st Respondent
Fatuma Maalim Alio
2nd Respondent
Muiktar Abdulle Omar
3rd Respondent
Muhyidin Mohamed Dhuhulow
4th Respondent
Adan Gaboe Noor
5th Respondent
Hawa Elmi Sheikh
6th Respondent
Ali Rukenyo Ahmed
7th Respondent
Chief Land Registrar
8th Respondent
Attorney General
9th Respondent
National Land Commission
10th Respondent
Commisioner Of Lands
11th Respondent
Nairobi City Council
12th Respondent
Diretor Of Physical Planning
13th Respondent
Ruling
1. This suit was filed contemporaneously with an application dated February 13, 2023 where the plaintiffs are seeking injunctive orders against the defendants. The aforementioned application was scheduled for inter-partes hearing on April 13, 2023.
2. On the said date of April 13, 2023, the plaintiff’s counsel urged the court to grant interim orders in terms of prayer no. 2 in the application. In opposition thereof, the counsel for the 2nd -7th defendants stated that there is a similar case ELC No. 122 of 2023 before Judge Wabwoto, whereby the 2nd – 7th defendants have already obtained interim orders against the claimants in the current suit (E097 of 2023). Thus there is a risk of the court giving conflicting orders if any orders are granted herein. The said counsel avers that the subject matter is the same in both suits.
3. In rejoinder, counsel for the plaintiffs herein averred that they became aware of the other suit the previous day (April 12, 2023), that their case was filed on March 24, 2023, while the other suit (ELC 122 of 2023) was filed thereafter. The counsel averred that the 2nd -7th defendants are applying sharp practice and that the orders issued before Judge Wabwoto are an illegality. Thus the court ought to issue the interim orders.
4. I have weighed all the arguments raised herein. There is no controversy that there is another suit ELC No. 122 of 2023 before judge Wabwoto. The 2nd to 7th defendants contend that they were granted interim orders against the current plaintiffs. This Court cannot interfere with the said orders issued by my brother Judge Wabwoto due to the question of Jurisdiction. Jurisdiction is revered; of which this Court has parallel jurisdiction with Judge Wabwoto. Thus this court cannot purport to declare the orders made in case No. 122 of 2023 as illegal.
5. Further, this court takes cognizance that granting any orders herein at this stage, when similar restraining orders have been given in another file to the rival parties would create a conundrum. In the case of Republic v Paul Kihara Kariuki, Attorney General & 2 othersex parteLaw Society of Kenya [2020] eKLR, the court had this to say in reference to multiplicity of suits;“The second suit presented a sad scenario of not only having parallel proceedings on the same issues involving the same parties but also a great risk of coordinate courts granting conflicting orders”
6. In light of the foregoing analysis, I hereby give directions for this suit to be mentioned alongside file No 122 of 2023 before Judge Wabwoto for further directions and determination.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20TH DAY OF APRIL, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Njakyo for the PlaintiffMutunga for the 2nd-7th Defendants**Gashuna for 12th DefendantShikali for the 2nd RespondentCourt assistant: Joan