[2020] KEELC 1289 (KLR)
The court declined to grant ex parte orders and instead directed that the application for a temporary injunction be properly served upon the respondent within five days. The court further ordered that the application be heard inter partes on a specified date. The decision was based on the need for procedural...
Source-derived case information.
- Citation
- [2020] KEELC 1289 (KLR)
- Parties
- Appellant: Phares Munyambu Rimberia; Appellant: Charles Kithine Rimberia; Respondent: Seventh Day Adventist Church
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E001 of 2020
- Procedural Posture
- Civil Appeal / Interlocutory Application for Temporary Injunction; Directions on Service and Hearing Date
- Outcome
- directions issued; no substantive orders granted on injunction application
- Legal Topics
- Temporary Injunctions, Service of Process, Adjudication Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phares Munyambu Rimberia
Appellant
Charles Kithine Rimberia
Appellant
Seventh Day Adventist Church
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application for Temporary Injunction; Directions on Service and Hearing Date
Legal Issues
- 1 Whether the applicants are entitled to a temporary injunction restraining the respondent from dealing with parcels No. 517, 518, and 422 pending hearing and determination of the application and suit.
- 2 Whether the application should be certified urgent and heard ex parte at first instance.
- 3 Whether proper service of the application upon the respondent is required before inter partes hearing.
Ratio Decidendi
The court declined to grant ex parte orders and instead directed that the application for a temporary injunction be properly served upon the respondent within five days. The court further ordered that the application be heard inter partes on a specified date. The decision was based on the need for procedural fairness, ensuring that the respondent is given notice and an opportunity to be heard before any injunctive relief is granted. The court did not make any substantive determination on the merits of the injunction application at this stage, focusing solely on procedural compliance and the right to be heard.
Court Disposition
directions issued; no substantive orders granted on injunction application
Orders
- The application is to be properly served upon the respondent within the next 5 days.
- The application is to be heard inter partes on 14th October 2020.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC APPEAL CASE NO.E001 OF 2020
MARIMANTI PM’S ELC.26 OF 2017
PHARES MUNYAMBU RIMBERIA......1ST APPELLANT/APPLICANT
CHARLES KITHINE RIMBERIA.........2ND APPELLANT/APPLICANT
VERSUS
SEVENTH DAY ADVENTIST CHURCH..........................RESPONDENT
RULING
1. This application is dated 15th September, 2020 and seeks orders:
1. That the application be certified urgent and the same be heard ex-parte at first instance.
2. That the honourable court be pleased to issue a temporary order of prim nary injunction to restrict the respondents from selling, disposing, trespassing and building in respect of parcels No. 517, 518 and 422 situated (sic) Karocho Adjudication pending interparties hearing and determination of the application.
3. That the honourable court be pleased to issue a temporary order of prim nary injunction to restrict the respondents from selling, disposing, trespassing and building in respect of parcels No. 517, 518 and 422 situated (sic) Karocho Adjudication pending interparties hearing and determination of the application pending hearing and determination of the suit.
4. That cost of the application be provided for.
2. The application is supported by the affidavit of Phares Munyambu, for the intended appellant, and has the following grounds:
a. That the respondent is in the progress of building of permanent houses.
b. That the trial court did not allow the application to set aside the order of purported consent order.
c. That the orders sought are to ensure justice that prevail as the court did not have the jurisdiction to adjudicate of the suit.
d. That unless the temporary injunction are granted the respondent shall trespass in the suit land and continue to enjoy the illegal and/or irregular consent orders.
e. Then the orders sought are to ensure that the appeal is not rendered nugatory.
3. When the application was slated for exparte hearing on 28. 9.2020, the applicants and/or their advocate did not come to court.
4. I issue the following directions:
1. The application is to be properly served upon the respondent within the next 5 days.
2. The application is to be heard interpartes on 14. 10. 2020
Delivered in open Court at Chuka this 28th day of September, 2020 in the presence of:
CA: Ndegwa
Applicant and Advocate absent
P. M. NJOROGE,
JUDGE.