[2018] KEELC 2432 (KLR)

[2018] KEELC 2432 (KLR)

The court found that although the Applicant is the registered owner of the suit land, the Respondent's actual possession and occupation, coupled with the challenge to the Applicant's title, meant that the Applicant failed to establish a prima facie case with a probability of success as required for the discharge or variation of the injunction. The court also determined that the Applicant was properly served, as there was no substantive challenge to the affidavit of service. Regarding joinder of parties, the court held that Elizabeth Potishoi Sapai was properly sued as a vendor who signed the sale agreement, but Daniel Deroni, Salim Sapai, and Solomon Konyeyie Sapai were only witnesses to...

Citation
[2018] KEELC 2432 (KLR)
Parties
Plaintiff: Onkware Omwenga; Defendant: Konoi Sapai; Defendant: Elizabeth Potishoi Sapai; Defendant: Daniel Kiptartar Deroni; Defendant: Salim Sapai; Defendant: Solomon Konyeyie Sapai
Court
Environment and Land Court
Court Station
Environment and Land Court at Narok
Jurisdiction
Kenya
Judgment Date
13 July 2018
Case Number
Environment & Land Case 288 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application to Set Aside/vary Injunction and Strike Out Parties
Outcome
application dismissed in part; names of certain defendants struck out
Judges
MN Kullow
Legal Topics
Injunctions, Joinder and Misjoinder of Parties, Prima Facie Case, Service of Process
Source Language
English
Land and Property Civil Procedure Injunctions Joinder and Misjoinder of Parties Prima Facie Case Service of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Onkware Omwenga

Plaintiff

Konoi Sapai

Defendant

Elizabeth Potishoi Sapai

Defendant

Daniel Kiptartar Deroni

Defendant

Salim Sapai

Defendant

Solomon Konyeyie Sapai

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application to Set Aside/vary Injunction and Strike Out Parties

Legal Issues

  1. 1 Whether the ex parte injunction order against the 2nd Defendant should be set aside, varied, or discharged.
  2. 2 Whether the Applicant was properly served with the application leading to the injunction.
  3. 3 Whether certain defendants were properly enjoined in the suit.

Ratio Decidendi

The court found that although the Applicant is the registered owner of the suit land, the Respondent's actual possession and occupation, coupled with the challenge to the Applicant's title, meant that the Applicant failed to establish a prima facie case with a probability of success as required for the discharge or variation of the injunction. The court also determined that the Applicant was properly served, as there was no substantive challenge to the affidavit of service. Regarding joinder of parties, the court held that Elizabeth Potishoi Sapai was properly sued as a vendor who signed the sale agreement, but Daniel Deroni, Salim Sapai, and Solomon Konyeyie Sapai were only witnesses to...

Court Disposition

application dismissed in part; names of certain defendants struck out

Orders

  • The application to set aside, vary, or discharge the injunction is dismissed.
  • The names of Daniel Deroni, Salim Sapai, and Solomon Konyeyie Sapai are struck out as defendants.