[2014] KEHC 6167 (KLR)
The court found that the plaintiff had properly served the defendants, who failed to appear or oppose the application. Given the unopposed nature of the application and the risk of interference with the plaintiff's interest in the suit property, the court was satisfied that the threshold for granting a temporary...
Source-derived case information.
- Citation
- [2014] KEHC 6167 (KLR)
- Parties
- Plaintiff: Nazareth Sisters of Annunciation Generaliate Registered Trustees; Defendant: County Secretary Isiolo; Defendant: County Government of Isiolo
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 43 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction
- Outcome
- Application allowed. Temporary injunction granted as prayed. Costs awarded to the plaintiff.
- Judges
- FM Njoroge
- Legal Topics
- Temporary Injunctions, Land Title Records, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nazareth Sisters of Annunciation Generaliate Registered Trustees
Plaintiff
County Secretary Isiolo
Defendant
County Government of Isiolo
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendants from interfering with Plot No. 427 Chechelesi pending the hearing and determination of the suit.
- 2 Whether service of the application was properly effected on the defendants.
Ratio Decidendi
The court found that the plaintiff had properly served the defendants, who failed to appear or oppose the application. Given the unopposed nature of the application and the risk of interference with the plaintiff's interest in the suit property, the court was satisfied that the threshold for granting a temporary injunction was met. The court therefore allowed the application as prayed, restraining the defendants from interfering with Plot No. 427 Chechelesi pending the hearing and determination of the suit or further orders of the court.
Court Disposition
Application allowed. Temporary injunction granted as prayed. Costs awarded to the plaintiff.
Orders
- A temporary injunction is issued restraining the defendants, their servants, agents, and/or employees from altering, changing, or removing from the records at the Land's Office Isiolo the name of the applicant for Plot No. 427 Chechelesi (PDP NO. ISL/117/12/10), or in any other manner interfering with the said plot...
- The Land Registrar Isiolo County to be served with this order for compliance.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC NO. 43 OF 2014
NAZARETH SISTERS OF ANNUNCIATION
GENERALIATE REGISTERED TRUSTEES....................................................PLAINTIFF
VERSUS
COUNTY SECRETARY ISIOLO..........................................................1ST DEFENDANT
COUNTY GOVERNMENT OF ISIOLO...............................................2ND DEFENDANT
RULING
This application is dated 14th March, 2014 and seeks orders that:
(a) This application be certified urgent, be heard ex- parte, and service of the same be dispensed with in the 1st instance.
(b) The court do issue an order for temporary injunction restraining the defendants, its servants, agents and/or employees from altering, changing, removing from the records at the Land's Office Isiolo the name of the applicant for Plot No.427 Chechelesi and designated as PDP NO. ISL/117/12/10, or in any other manner whatsoever entering, erecting, constructing, fencing, trespassing or any way interfering with the said plot until this suit is heard and determined or until this application is heard and determined or until further orders of this court.
(c) The Land Registrar Isiolo County be served with this order for compliance.
(d) The court do make such further or better orders as may meet the ends of justice in this matter.
(e) Costs of this application be provided for.
The application was certified urgent and Interim Orders in terms of prayers b and c were granted on 20. 3.2013.
Hearing date was given as 31. 3.2014. There is an Affidavit of Service in the Court file sworn by M/s Esther Gathoni Mwangi on 31st March, 2014. The defendants did not show up for the hearing. As a result, the application is unopposed. In the circumstances, I allow the application.
Costs are awarded to the plaintiff/applicant.
It is so ordered.
Delivered in Open Court at Meru this 31st day of March, 2014 in the presence of:
Cc Daniel
Miss E. G. Mwangi for Plaintiff/Applicant
P. M. NJOROGE
JUDGE