[2019] KEELC 560 (KLR)
The court found that proceeding with the elections of the officials of Elangata Enteret/Enkutoto Group Ranch while a ruling on a related motion was pending would amount to an abuse of the court process and could render the pending suit and application nugatory. The court determined that it was necessary to preserve...
Source-derived case information.
- Citation
- [2019] KEELC 560 (KLR)
- Parties
- Applicant: Pemba Keture; Applicant: Napiyang Kijape; Respondent: Katana Dopoi Lenkume; Respondent: Sonkoi Keture; Respondent: Land Adjudication and Settlement Officer Narok South/West; Respondent: Director of Lands Adjudication and Settlement; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 42 of 2019
- Procedural Posture
- Notice of Motion / Interlocutory Application for Injunction Pending Ruling
- Outcome
- interlocutory injunction granted
- Judges
- MN Kullow
- Legal Topics
- Interlocutory Injunctions, Group Ranch Management, Adjudication Process, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pemba Keture
Applicant
Napiyang Kijape
Applicant
Katana Dopoi Lenkume
Respondent
Sonkoi Keture
Respondent
Land Adjudication and Settlement Officer Narok South/West
Respondent
Director of Lands Adjudication and Settlement
Respondent
Attorney General
Respondent
Procedural Posture
Notice of Motion / Interlocutory Application for Injunction Pending Ruling
Legal Issues
- 1 Whether the defendants should be restrained from conducting elections of officials of Elangata Enteret/Enkutoto Group Ranch pending the ruling of the court.
- 2 Whether the operation of the letter dated 18th October, 2019 should be suspended to preserve the subject matter of the suit.
Ratio Decidendi
The court found that proceeding with the elections of the officials of Elangata Enteret/Enkutoto Group Ranch while a ruling on a related motion was pending would amount to an abuse of the court process and could render the pending suit and application nugatory. The court determined that it was necessary to preserve the status quo and prevent any action that could prejudice the outcome of the pending ruling. Consequently, the court granted an order suspending and staying the operation of the letter dated 18th October, 2019 and restrained the defendants from conducting the elections of group representatives until the delivery of the ruling on the pending motion.
Court Disposition
interlocutory injunction granted
Orders
- The operation of the letter dated 18th October, 2019 is suspended and stayed.
- The defendants are restrained from conducting elections of group representatives of Elangata Enteret/Enkutoto Group Ranch pending the delivery of the ruling in the Notice of Motion dated 19th July, 2019.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAROK
ELC NO. 42 OF 2019
PEMBA KETURE..................................................1ST PLAINTIFF/APPLICANT
NAPAYANG KIJAPE............................................2ND PLAINTIFF/APPLICANT
VERSUS
KATANA DOPOI LENKUME........................1ST DEFENDANT/RESPONDENT
SONKOI KETURE.........................................2ND DEFENDANT/RESPONDENT
LAND ADJUDICATION AND SETTLEMENT OFFICER
NAROK SOUTH/WEST.................................3RD DEFENDANT/RESPONDENT
DIRECTOR OF LANDS
ADJUDICATION AND SETTLEMT............4TH DEFENDANT/RESPONDENT
ATTORNEY GENERAL................................5TH DEFENDANT/RESPONDENT
RULING
By a Notice of Motion dated 12th November, 2019 and brought under order 51,40 and Section 3 and 3 (A) of the Civil Procedure Rules the Applicant had sought for orders of safety or suspension on operation of the content of a letter dated 18th October, 2019 restraining the Defendants from conducting elections of the officials of Elangata Enteret/Enkutoto Group Ranch on 14th November, 2019 or any other day pending the Ruling of ELC CASE No. 42 of 2019.
The Application was based on the grounds that the Court did not in its ruling delivered on 18th September, 2019 call on for elections and that the Respondents have misled facts and misrepresented them when there is a ruling that is pending.
I have read the Application before me and the submissions made by the Applicants and the Respondents’ and I am satisfied that the motion dated 19th July, 2019 which is pending ruling in which one of the orders sought is the calling of any Annual General Meeting of Elangata Entiret/Enkutoto Group Ranch. The Ruling is pending and is set to be delivered on 2nd February, 2010.
In view of the above I find that the holding of any election is an abuse of the process of the court and will render the entire suit and the Notice of Motion dated 19th July, 2019 nugatory and consequently I grant an order suspending and staying the letter dated 18th October, 2019 and further restrain the Defendants from conducting the elections of Group Representatives pending the delivery of the Ruling in the Notice of Motion dated 19th July, 2019.
I will deliver the substantive ruling of the Notice of motion dated 13th November, 2019 on 27th November, 2019.
DATED, SIGNED and DELIVERED in open court at NAROK on this 13TH day of NOVEMBER, 2019.
Mohammed Kullow
Judge
13/11/19
In the presence of: -
CA:Chuma/Kimiriny
Langat for the 1st and 2nd defendants/respondents
Ochang’ for the Plaintiffs/Applicants
Mohammed Kullow
Judge
13/11/19