[2016] KEHC 7954 (KLR)

[2016] KEHC 7954 (KLR)

The court found that it was just and equitable to preserve the status quo pending the hearing and determination of the suit. The court exercised its discretion to grant interim orders, noting that maintaining the status quo would prevent prejudice to either party and ensure that the subject matter of the dispute was...

Source-derived case information.

Citation
[2016] KEHC 7954 (KLR)
Parties
Plaintiff: Peris Mashipei Mpaayei; Defendant: Pipeline Realitors Co. Ltd.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Environment & Land Case 376 of 2013
Procedural Posture
Notice of Motion / Interlocutory Ruling on Application for Status Quo Orders Pending Hearing
Outcome
Interim orders granted; status quo to be maintained pending hearing and determination of the suit.
Judges
MM Gitumbi
Legal Topics
Status Quo Orders, Interlocutory Injunctions
Source Language
en
Land and Property Status Quo Orders Interlocutory Injunctions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Peris Mashipei Mpaayei

Plaintiff

Pipeline Realitors Co. Ltd.

Defendant

Procedural Posture

Notice of Motion / Interlocutory Ruling on Application for Status Quo Orders Pending Hearing

Legal Issues

  1. 1 Whether the status quo should be maintained pending the hearing and determination of the suit.
  2. 2 Whether the application for interim orders meets the threshold for grant of interlocutory relief.

Ratio Decidendi

The court found that it was just and equitable to preserve the status quo pending the hearing and determination of the suit. The court exercised its discretion to grant interim orders, noting that maintaining the status quo would prevent prejudice to either party and ensure that the subject matter of the dispute was preserved until the substantive issues could be determined at trial.

Court Disposition

Interim orders granted; status quo to be maintained pending hearing and determination of the suit.

Orders

  • The parties do maintain the status quo presently prevailing pending the hearing and determination of this suit.
  • A date for pre-trial conference be allocated to pave way to the main hearing.