[2022] KEELC 2579 (KLR)
The court determined that the application raised urgent issues regarding the occupation and use of the disputed land and the risk of prejudice to the applicant if the matter was not heard expeditiously. However, since the respondents had not yet been served, the court declined to grant substantive orders at this...
Source-derived case information.
- Citation
- [2022] KEELC 2579 (KLR)
- Parties
- Plaintiff: Lucy Mwenda; Defendant: Farooq Asef Butt; Defendant: Isiolo County Government
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 2 of 2022
- Procedural Posture
- Environment and Land Case / Interlocutory Application for Stay and Injunction Pending Hearing
- Outcome
- Application to be heard on priority basis; no substantive orders granted at this stage.
- Judges
- PM Njoroge
- Legal Topics
- Interlocutory Injunctions, Stay of Execution, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Mwenda
Plaintiff
Farooq Asef Butt
Defendant
Isiolo County Government
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Application for Stay and Injunction Pending Hearing
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of Isiolo Chief Magistrates Court ELC No. 31 of 2022 and ELC No. 31 of 2020 pending hearing and determination of this application and suit.
- 2 Whether the applicant is entitled to temporary injunction restraining the defendants from interfering with the applicant's occupation and use of the disputed land.
- 3 Whether an order of inhibition should be issued to prevent registration of dealings with the disputed land parcel pending determination of the suit.
Ratio Decidendi
The court determined that the application raised urgent issues regarding the occupation and use of the disputed land and the risk of prejudice to the applicant if the matter was not heard expeditiously. However, since the respondents had not yet been served, the court declined to grant substantive orders at this stage. Instead, the court directed that the application be heard on a priority basis, that the applicant serve the respondents properly, and that the matter proceed inter partes on a set date. The court's reasoning was grounded in the need for fairness and due process, ensuring that all parties are heard before any substantive interlocutory relief is granted.
Court Disposition
Application to be heard on priority basis; no substantive orders granted at this stage.
Orders
- The application will be heard on a priority basis.
- The applicant is directed to properly serve the application upon the respondents.
Full Case Text
Judgment text and source record
20 paragraphs
Mwenda v Butt & another (Environment & Land Case 2 of 2022) [2022] KEELC 2579 (KLR) (14 July 2022) (Ruling)
Neutral citation: [2022] KEELC 2579 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 2 of 2022
PM Njoroge, J
July 14, 2022
Between
Lucy Mwenda
Plaintiff
and
Farooq Asef Butt
1st Defendant
Isiolo County Government
2nd Defendant
Ruling
1. This application is dated 20th day of June, 2022 and seeks the following orders:1. That this application be certified as very urgent and the same be heard as a matter of priority.2. That there be a stay of execution of Isiolo Chief Magistrates Court ELC NO. 31 of 2022 pending hearing and determination of this application.3. That there be a stay of execution of Isiolo Chief Magistrates Court ELC NO. 31 of 2020 pending hearing and determination of this suit.4. That this Honourable court be pleased to issued orders of temporary injunction restraining the defendants, their family members, agents representatives employees and any other person working at their behest from interfering with the plaintiff’s and her representatives, agents user and occupation of land parcel Plot 55 Kiwanjani Zone C which has been superimposed by Isiolo Zone C/plot No. 128 Kiwnajani also known as LR. No Isiolo Township Block 3/323 pending the hearing and determination of this application, the determination of this suit.5. That this Honourable court be pleased to issue orders of inhibition inhibiting registration of any dealings with land parcel Plot 55 Kiwnajani Zone C which has been superimposed by Isiolo Zone C/plot No. 128 Kiwanjani also known as LR. No Isiolo Township Block 3/323 pending hearing and determination of this application, the determination of this suit or further orders of the Honorable Court.
2. The application is supported by the application of Lucy Mwenda, the plaintiff and the grounds on its face.
3. The following orders are hereby issued: -a.The Application will be heard on priority basis.b.The Applicant is directed to property serve the application upon respondents.c.The application will be heard interpartes on 25. 7.2022
DELIVERED IN CHAMBERS AT ISIOLO ON 14TH DAY OF JULY, 2022 IN THE PRESENCE OF:Court Assistant: BaloziParties not in court.HON. MR. JUSTICE P. M. NJOROGEJUDGE