[2019] KEELC 1197 (KLR)
The court found that the defendant/applicant failed to disclose the interest of Embakasi Ranching Company Limited and Mbugua Kamau, the parties sought to be joined. The court held that the inclusion of these parties at this stage, without sufficient justification, could prejudice the expeditious determination of the...
Source-derived case information.
- Citation
- [2019] KEELC 1197 (KLR)
- Parties
- Plaintiff: Paul Kariuki Kiragu; Defendant: Ann Gichohi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Case 166 of 2016
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application
- Outcome
- application dismissed with costs to the plaintiff/respondent
- Judges
- LC Komingoi
- Legal Topics
- Joinder of Parties, Interlocutory Injunctions, Title Disputes, Expeditious Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Kariuki Kiragu
Plaintiff
Ann Gichohi
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether Embakasi Ranching Company Limited and Mbugua Kamau should be enjoined as defendants in the suit.
- 2 Whether a temporary injunction should issue restraining the processing or issuance of titles to the plaintiff pending determination of the suit.
Ratio Decidendi
The court found that the defendant/applicant failed to disclose the interest of Embakasi Ranching Company Limited and Mbugua Kamau, the parties sought to be joined. The court held that the inclusion of these parties at this stage, without sufficient justification, could prejudice the expeditious determination of the dispute. Further, the applicant did not meet the threshold for the grant of a temporary injunction, as no prima facie case or irreparable harm was demonstrated. Consequently, the application lacked merit and was dismissed with costs to the plaintiff/respondent.
Court Disposition
application dismissed with costs to the plaintiff/respondent
Orders
- The notice of motion dated 20th September 2018 is dismissed with costs to the plaintiff/respondent.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CIVIL CASE NO.166 OF 2016
PAUL KARIUKI KIRAGU.............PLAINTIFF
=VERSUS=
ANN GICHOHI............................DEFENDANT
RULING
1. This is the notice of motion dated 20th September 2018 brought under order 1 rules 10(2), 14, order 40 rules 1, 2 and 4, orders 51 rule 1, order 8 rule 3 of the Civil Procedure Rules and Section 3A and 63(e) of the Civil Procedure Act.
2. It seeks orders:-
1. Spent.
2. Spent.
3. That Embakasi Ranching Company Limited and Mbugua Kamau be enjoined in this suit/plaint as defendants.
4. That temporary injunction does issue in the first instance for 14 days or as the court may direct against the plaintiff, Embakasi Ranching Company Limited and Kamau Mbugua (as the 2nd and 3rd defendants respectively or as the Hon. court may direct), their servants, employees and agents restraining them from processing/issuing titles/leases to the plaintiff upon the defendant’s Plot Numbers Nairobi Block 136/2156 and Nairobi Block 136/2155 situated at Ruai within Embakasi Ranching Company Limited Settlement Scheme pending hearing and determination of this suit.
5. That costs hereof be provided for.
3. The grounds are on the face of the application and are set out in paragraphs (i) to (vii).
4. The application is supported by the affidavit of Ann Gachohi, the defendant/applicant herein sworn on the 20th September 2018.
5. The application is opposed there is a replying affidavit sworn by Paul Kariuki Kiragu the plaintiff/respondent herein on the 29th October 2018.
6. On the 6th November 2018 the court directed that the notice of motion be canvassed by way of written submission. By the time of writing this ruling, neither of the parties had filed submission.
7. I have considered the notice of motion and the affidavit in support. The issue for determination is whether this application is merited.
8. The defendant/applicant seeks to bring in interested parties at this stage without disclosing what their interest is. The inclusion of these parties may prejudice the expeditious dispensation of this dispute.
9. I find no merit in this application and the same is dismissed with costs to the plaintiff/respondent.
It is so ordered.
Dated, signed and delivered in Nairobi on this 24th day of October 2019.
……………………….
L. KOMINGOI
JUDGE
In the presence of:-
Mr. KihIndi for Kahuthu for the Plaintiff
Ms Wachira for Onyango for the Defendant
Kajuju - Court Assistant