[2022] KEELC 2956 (KLR)
The court found that since the application dated April 28, 2022 had not yet been heard, it was appropriate to issue interim orders to preserve the status quo and prevent alienation of the suit land. This would ensure that the subject matter of the dispute is not altered or prejudiced before the application is...
Source-derived case information.
- Citation
- [2022] KEELC 2956 (KLR)
- Parties
- Plaintiff: Sofia Juma Ambari Ndaisi; Defendant: Mohammed Sheik Yusuf; Defendant: Ezekiel Kipkulei C. Komen; Defendant: The Registrar of Titles
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 813 of 2014
- Procedural Posture
- Environment and Land Case / Interlocutory Application; Directions on Interim Orders Pending Hearing of Application
- Outcome
- Interim orders granted to maintain status quo and restrain alienation of the suit land pending hearing of the application.
- Judges
- LN Mbugua
- Legal Topics
- Status Quo Orders, Alienation of Land, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sofia Juma Ambari Ndaisi
Plaintiff
Mohammed Sheik Yusuf
Defendant
Ezekiel Kipkulei C. Komen
Defendant
The Registrar of Titles
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Application; Directions on Interim Orders Pending Hearing of Application
Legal Issues
- 1 Whether interim orders should be granted to maintain the status quo on the suit land pending hearing of the application.
- 2 Whether the suit land should be restrained from alienation before determination of the application.
Ratio Decidendi
The court found that since the application dated April 28, 2022 had not yet been heard, it was appropriate to issue interim orders to preserve the status quo and prevent alienation of the suit land. This would ensure that the subject matter of the dispute is not altered or prejudiced before the application is determined on its merits. The court therefore ordered that the status quo be maintained and that the suit land should not be alienated until further orders are made after the hearing of the application.
Court Disposition
Interim orders granted to maintain status quo and restrain alienation of the suit land pending hearing of the application.
Orders
- Status quo is to be maintained on the land.
- The suit land is not to be alienated.
Full Case Text
Judgment text and source record
21 paragraphs
Ndaisi v Yusuf & 2 others (Environment & Land Case 813 of 2014) [2022] KEELC 2956 (KLR) (23 June 2022) (Judgment)
Neutral citation: [2022] KEELC 2956 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 813 of 2014
LN Mbugua, J
June 23, 2022
Between
Sofia Juma Ambari Ndaisi
Plaintiff
and
Mohammed Sheik Yusuf
1st Defendant
Ezekiel Kipkulei C. Komen
2nd Defendant
The Registrar of Titles
3rd Defendant
Judgment
1. On June 15, 2022, the court gave directions for the application dated April 28, 2022 to be canvassed by way of written submissions of which, mention there of is on July 25, 2022. The applicant has urged the court to grant prayer 3 & 4 in the intervening period. The intended interested parties have opposed those prayers.
2. Since the application is yet to be heard, I find that the appropriate orders to give are that -:i. Status quo is to be maintained on the land.ii. The suit land is not to be alienated.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 23RD DAY OF JUNE 2022 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-M/s Kiprop holding brief for Mr. Mutinda for the DefendantOdianda for the 2nd DefendantCourt Assistant: Eddel