[2016] KEELC 1264 (KLR)
The court allowed the application for a temporary injunction after the parties agreed to abandon the interlocutory application in favour of proceeding to the main suit. The plaintiff was directed to comply with pre-trial procedures under Order 11 of the Civil Procedure Rules within 21 days, with the defendant to...
Source-derived case information.
- Citation
- [2016] KEELC 1264 (KLR)
- Parties
- Plaintiff: Peter Mugambi Muchee; Defendant: Harrison Kirimi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 7 of 2013
- Procedural Posture
- Land and Environment Case / Ruling on Interlocutory Application for Injunction
- Outcome
- Application allowed by consent; parties to comply with pre-trial directions.
- Judges
- FM Njoroge
- Legal Topics
- Injunctive Relief, Trespass, Adjudication Section Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mugambi Muchee
Plaintiff
Harrison Kirimi
Defendant
Procedural Posture
Land and Environment Case / Ruling on Interlocutory Application for Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendant from trespassing and causing destruction on parcel No. 1447 Adjudication Section CHIAKARIGA 'A'.
- 2 Whether the plaintiff has demonstrated irreparable harm or risk of breach of peace if the injunction is not granted.
Ratio Decidendi
The court allowed the application for a temporary injunction after the parties agreed to abandon the interlocutory application in favour of proceeding to the main suit. The plaintiff was directed to comply with pre-trial procedures under Order 11 of the Civil Procedure Rules within 21 days, with the defendant to follow within the subsequent 21 days. The court's decision was based on the parties' consent to expedite the hearing of the substantive dispute, rather than a determination on the merits of the injunction application.
Court Disposition
Application allowed by consent; parties to comply with pre-trial directions.
Orders
- Plaintiff to comply with Order 11, Civil Procedure Rules within 21 days.
- Defendant to comply with Order 11, Civil Procedure Rules within 21 days after plaintiff's compliance.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
LAND AND ENVIRONMENT DIVISION
ENVIRONMENTAL AND LAND COURT CASE NO. 7 OF 2013
PETER MUGAMBI MUCHEE....................................................PLAINTIFF
VERSUS
HARRISON KIRIMI...............................................................DEFENDANT
R U L I N G
1. This application is dated 11/02/2013 and seeks orders:-
(1)That this application be certified as urgent and service of this application be dispensed with in the first instance.
(2) The Court be pleased to grant a temporary injunction restraining the respondent whether by himself, his agents and/or servants from trespassing on, causing massive destruction by cutting down trees and digging trenches or otherwise interfering or dealing with the plaintiff's property being parcel No. 1447 Adjudication Section CHIAKARIGA 'A' pending the hearing and determination of thisapplication.
(3) The Court be pleased to grant an injunction restraining the respondent whether by himself, his agents and/or servants from trespassing on, causing massive destruction by cutting down trees and digging trenches or otherwise interfering or dealing with the Plaintiff's property being parcel No. 1447 Adjudication Section CHIAKARIGA 'A' pending the hearing and determination of this suit.
(4) The Officer Commanding Tharaka Police Station do enforce compliance of the orders above .
(5) The costs of this application be provided for.
(7) The Honourable Court be pleased to make such further or other orders as it may deem just and expedient in the circumstances of this case.
2. The application is supported by th affidavit of PETER MUGAMBI MUCHU and has the following grounds.
(1)That the Plaintiff/applicant is the legal owner of the said parcel No. 1447 Adjudication Section CHIAKARIGA 'A'.
(2)That the Respondent has interfered with the Plaintiff's said property by trespassing thereupon and damaging /causing massive destruction by cutting down trees and digging trenches thereon.
(3) That unless restrained, the respondent will continue to interfere and or cause further damage on the plaintiff's aforesaid property thereby causing the Plaintiff/Applicant irreparable damage with the likelihood of a breach of the peace.
3. On 18/07/2016, the parties agreed to abandon the application to allow the main suit to be heard.
4. In the Circumstances, the application is allowed. The Plaintiff is directed to comply with order 11, CPR within 21 days of today and the defendant is to do so within 21 days thereafter. Directions will be taken on 14/09/2016.
5. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 18TH DAY OF JULY, 2016 IN THHE PRESENCE OF:-
CC: Daniel/Lilian
Otieno C. for the Plaintiff
Gichunge for the Defendant
P .M. NJOROGE
JUDGE