[2024] KEELC 7005 (KLR)
The court declined to grant the interlocutory preservation orders sought by the plaintiffs because it did not have the benefit of the related file referenced in the pleadings. The judge held that issuing such orders without full knowledge of the related proceedings could result in prejudice or conflicting outcomes....
Source-derived case information.
- Citation
- [2024] KEELC 7005 (KLR)
- Parties
- Plaintiff: Damaris Muthoni Njenga; Plaintiff: Grace Nyokabi Kiarie; Plaintiff: Lydia Ng’Endo Waweru; Defendant: Mary Njeri Kiarie; Defendant: David Ng’ang’a Kiarie; Defendant: Simon Njenga Kiarie; Defendant: Nicholas Njoroge Njenga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Land Case E402 of 2024
- Procedural Posture
- Land Case / Ruling on Interlocutory Application for Preservation Orders
- Outcome
- Interlocutory application for preservation orders declined; matter to be heard on priority basis.
- Judges
- LN Mbugua
- Legal Topics
- Preservation of Property, Interlocutory Orders, Judicial Notice, Priority Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Damaris Muthoni Njenga
Plaintiff
Grace Nyokabi Kiarie
Plaintiff
Lydia Ng’Endo Waweru
Plaintiff
Mary Njeri Kiarie
Defendant
David Ng’ang’a Kiarie
Defendant
Simon Njenga Kiarie
Defendant
Nicholas Njoroge Njenga
Defendant
Procedural Posture
Land Case / Ruling on Interlocutory Application for Preservation Orders
Legal Issues
- 1 Whether the court should grant interlocutory orders to preserve the suit property pending further proceedings.
- 2 Whether the absence of the related file precludes the granting of preservation orders at this stage.
Ratio Decidendi
The court declined to grant the interlocutory preservation orders sought by the plaintiffs because it did not have the benefit of the related file referenced in the pleadings. The judge held that issuing such orders without full knowledge of the related proceedings could result in prejudice or conflicting outcomes. The court exercised judicial caution, emphasizing the need to consider all relevant materials before making a determination that could affect the rights of the parties. Accordingly, the matter was directed to be heard on a priority basis to ensure expeditious resolution once all necessary information is before the court.
Court Disposition
Interlocutory application for preservation orders declined; matter to be heard on priority basis.
Orders
- No interlocutory preservation orders are granted at this stage.
- The matter is to be heard on a priority basis.
Full Case Text
Judgment text and source record
27 paragraphs
Njenga & 2 others v Kiarie & 3 others (Land Case E402 of 2024) [2024] KEELC 7005 (KLR) (15 October 2024) (Ruling)
Neutral citation: [2024] KEELC 7005 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Land Case E402 of 2024
LN Mbugua, J
October 15, 2024
Between
Damaris Muthoni Njenga
1st Plaintiff
Grace Nyokabi Kiarie
2nd Plaintiff
Lydia Ng’Endo Waweru
3rd Plaintiff
and
Mary Njeri Kiarie
1st Defendant
David Ng’ang’a Kiarie
2nd Defendant
Simon Njenga Kiarie
3rd Defendant
Nicholas Njoroge Njenga
4th Defendant
Ruling
1. This ruling relates to the question of whether this court should grant prayers 2 & 3 to preserve the suit property. The court takes judicial notice that it is this court which delivered the judgment in the cause mentioned by the applicants in their pleadings. The court is hesitant to grant any orders without having the benefit of the other file to discern the impact of the said orders.
2. In the circumstances, I decline to grant any orders at this stage but I direct, that the matter be heard on priority basis.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 15th DAY OF OCTOBER 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Mwiti Kinyua for PlaintiffMr. Kerio for DefendantCourt assistant: Joan