[2019] KEELC 3742 (KLR)
The court found that the applicants are entitled to construct temporary structures on their share of the land in accordance with the consent order dated 6th March, 2018. The court noted that the respondent did not file a replying affidavit or otherwise oppose the application, and that no prejudice would be suffered...
Source-derived case information.
- Citation
- [2019] KEELC 3742 (KLR)
- Parties
- Respondent: Naomi Chepkering Bitok; Applicant: Enock Kipkirong Bitok; Applicant: Amos Kibet Bitok; Applicant: Sammy Kipkorir Bitok
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 46 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application allowed
- Judges
- A Ombwayo
- Legal Topics
- Matrimonial Property, Interlocutory Injunctions, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naomi Chepkering Bitok
Respondent
Enock Kipkirong Bitok
Applicant
Amos Kibet Bitok
Applicant
Sammy Kipkorir Bitok
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicants should be allowed to construct temporary structures on their share of the land pending determination of divorce and matrimonial proceedings.
- 2 Whether granting the application would prejudice the respondent.
Ratio Decidendi
The court found that the applicants are entitled to construct temporary structures on their share of the land in accordance with the consent order dated 6th March, 2018. The court noted that the respondent did not file a replying affidavit or otherwise oppose the application, and that no prejudice would be suffered by the respondent if the orders sought were granted. The court further observed that the property is governed by the Matrimonial Property Act, 2014, and that divorce proceedings are pending. Accordingly, the court allowed the application, permitting the applicants to construct a bathroom, pit latrine, and temporary structures as a home and store on their share of the land...
Court Disposition
application allowed
Orders
- The defendants/applicants are allowed to construct a bathroom, pit latrine, and temporary structures as a home and store on their share of the land as per the consent order dated 6th March, 2018.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E & L CASE NO. 46 OF 2018
NAOMI CHEPKERING BITOK...............PETITIONER/RESPONDENT
VERSUS
ENOCK KIPKIRONG BITOK................1ST DEFENDANT/APPLICANT
AMOS KIBET BITOK.............................2ND DEFENDANT/APPLICANT
SAMMY KIPKORIR BITOK..................3RD DEFENDANT/APPLICANT
RULING
Before me, is the application dated 5. 11. 2018 filed by defendants seeking orders that they be allowed to construct a bathroom, pit latrine and temporary structures as a home and store on their share of the land as per the consent order dated 6th March, 2018. The application is based on grounds that the 1st applicant and the respondent got married on 27. 10. 1995 at the Registrar’s Office in Uasin Gishu County. The 1st defendant has instituted divorce proceedings against the respondent vide Eldoret CMCC Divorce Case No. 74 of 2018 between Enock Bitok and Naomi Chepkering.
The divorce proceedings and subsequent matrimonial case would be rendered superfluous in the event that this court proceeds to hear and determine the Petition dated 28. 2.2018.
The applicant states that the property is governed by Matrimonial Property Act, 2014. The proceedings for divorce are pending hearing and determination.
I have considered the application and do find that the plaintiff suffers no prejudice, it is allowed. I have not seen a replying affidavit by the respondent. I do grant the application; thus, the defendants be allowed to construct a bathroom, pit latrine and temporary structures as a home and store on their share of the land as per the consent order dated 6th March, 2018. Orders accordingly.
Dated and delivered at Eldoret this 8th day of April, 2019.
A. OMBWAYO
JUDGE