[2021] KEELC 3439 (KLR)
The court found that the application for a temporary injunction was unopposed, as the defendants did not file any response. Given the absence of opposition and the plaintiff's demonstration of the need to preserve the status quo pending the hearing and determination of the suit, the court granted the orders as...
Source-derived case information.
- Citation
- [2021] KEELC 3439 (KLR)
- Parties
- Plaintiff: Nabakhwana Farmers Cooperative Society Ltd; Defendant: Lois Holdings Limited; Defendant: Estate of Jason Kiamba Kimbui
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 14 of 2021
- Procedural Posture
- Land Case / Interlocutory Application Ruling
- Outcome
- application for temporary injunction granted as prayed
- Legal Topics
- Temporary Injunctions, Eviction Disputes, Interlocutory Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nabakhwana Farmers Cooperative Society Ltd
Plaintiff
Lois Holdings Limited
Defendant
Estate of Jason Kiamba Kimbui
Defendant
Procedural Posture
Land Case / Interlocutory Application Ruling
Legal Issues
- 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendants from evicting its members from LR No 6485 and 5335/2 pending the hearing and determination of the suit.
Ratio Decidendi
The court found that the application for a temporary injunction was unopposed, as the defendants did not file any response. Given the absence of opposition and the plaintiff's demonstration of the need to preserve the status quo pending the hearing and determination of the suit, the court granted the orders as prayed in the application. The court also directed the parties to comply with procedural requirements for exchange of documents and set a mention date for further directions.
Court Disposition
application for temporary injunction granted as prayed
Orders
- A temporary injunction is granted restraining the defendants from evicting the plaintiff’s members from LR No 6485 and 5335/2 until the hearing and final determination of the suit.
- The parties shall comply with the rules by filing and serving each other with the bundles of documents they rely on. The plaintiff shall comply within 14 days and the defendants within 14 days from the last date service of the plaintiff’s documents is due.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KITALE
ELC LAND CASE NO. 14 OF 2021
NABAKHWANAFARMERS COOPERATIVE SOCIETY LTD...PLAINTIFF
VERSUS
LOIS HOLDINGS LIMITED............................................1ST DEFENDANT
ESTATE OF JASON KIAMBA KIMBUI..........................2ND DEFENDANT
RULING
1. The notice of motion application dated 26/2/2021 and filed by the plaintiff in this suit in court on 1/3/2021seeks a temporary injunction restraining the defendants from evicting the plaintiff’s members from LR No 6485and5335/2 until the hearing and final determination of the suit.
2. The defendants entered appearance and filed defence through the firm of Kiarie & Co Advocates but did not respond to the application. The application is therefore unopposed.
3. I therefore grant the application as prayed in prayer nos (c)and(d) thereof.
4. The parties shall comply with the rules by filing and serving each other with the bundles of documents they rely on. The plaintiff shall comply within 14 daysand the defendants within 14 daysfrom the last date service of the plaintiff’s documents is due. The suit shall be mentioned on the 7/6/2021 by way of teleconference for fixing a hearing date.
Dated, signedanddeliveredatKitale via electronic mail on this 5thday of May, 2021.
MWANGI NJOROGE
JUDGE, ELC, KITALE.