[2020] KEELC 682 (KLR)
The court found that the application was unopposed as the respondents failed to file any response despite service. The applicants had demonstrated a need to preserve their interests in the suit land and businesses pending the hearing and determination of the main suit. The court therefore granted the application to...
Source-derived case information.
- Citation
- [2020] KEELC 682 (KLR)
- Parties
- Applicant: Paul Opuko Ongurambe and 40 others; Respondent: National Land Commission and another
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 66 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Interim Application for Status Quo Orders
- Outcome
- interim status quo order granted
- Legal Topics
- Compulsory Acquisition, Status Quo Orders, Infrastructure Projects, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Opuko Ongurambe and 40 others
Applicant
National Land Commission and another
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interim Application for Status Quo Orders
Legal Issues
- 1 Whether the applicants are entitled to an order maintaining the status quo to prohibit the respondents from continuing with compulsory acquisition of their land for the Kitale–Endebess–Suam road project.
- 2 Whether the respondents should be restrained from interfering with the applicants' interests in their respective lands and businesses pending hearing and determination of the suit.
Ratio Decidendi
The court found that the application was unopposed as the respondents failed to file any response despite service. The applicants had demonstrated a need to preserve their interests in the suit land and businesses pending the hearing and determination of the main suit. The court therefore granted the application to the extent that the respondents are restrained from interfering with the applicants' interests in their respective lands and businesses during the construction of the Kitale–Endebess–Suam road (C45), pending the final determination of the suit.
Court Disposition
interim status quo order granted
Orders
- Respondents are restrained from interfering in any manner with the applicants' interests in their respective lands and businesses located thereon during the construction of the Kitale–Endebess–Suam road (C45) pending hearing and determination of the suit.
- Parties to comply with rules and file bundles of documents and lists before 2nd December 2020 mention.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT
AT KITALE
ELC CASE NO. 66 OF 2020
PAUL OPUKO ONGURAMBE AND 40 OTHERS....................................................APPLICANTS
VERSUS
NATIONAL LAND COMMISSION AND ANOTHER........................................RESPONDENTS
RULING
1. The applicants filed an application dated 29/10/2020 seeking an order that the status quo concerning the suit land be maintained by prohibiting the respondents from continuing with compulsory acquisition of land measuring 108. 6 acres for construction and upgrading of the Kitale –Endebess –Suam road (C45) and/or from in any other way interfering with the plaintiff’s interests in their respective lands and/or businesses.
2. The respondents never filed any reply to the application despite service upon them which was supported by the affidavit of service of Archibald Wekesa Nyukuri filed in court on 5th November 2020.
3. The application is therefore unopposed. On 6/11/2020 when the application came up before this court for hearing Mr Teti for the applicants prayed that it be granted as prayed and this court granted a temporary order in terms of prayer no (2) thereof and reserved the matter for a ruling on 12/11/2020.
4. As the application is unopposed, I hereby grant it but only to the extent that during the construction of all that infrastructure referred to as the Kitale–Endebess – Suam road (C45), the respondents shall not in any manner interfere with the plaintiff’s interests in their respective lands and /or businesses located thereon pending the hearing and determination of the suit.
5. The parties shall comply with the rules and file their bundles of documents and lists and this matter shall be mentioned on the 2nd December 2020 for confirmation of such compliance and for fixing a hearing date.
Dated, signedand deliveredatKitale via electronic mail on this12thday of November, 2020.
MWANGI NJOROGE
JUDGE, ELC, KITALE