[2017] KEELC 278 (KLR)
The court declined to determine the application for discharge of the injunction order because it became apparent that directions relevant to the matter had already been issued by Honourable Justice A. Omollo, who remains seized of the case. Proceeding to rule on the application would risk interfering with those...
Source-derived case information.
- Citation
- [2017] KEELC 278 (KLR)
- Parties
- Plaintiff: P.N. Mashru Limited; Defendant: Castledom Properties Limited; Defendant: The Commissioner of Lands; Defendant: DIM Agencies Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 353 of 1999
- Procedural Posture
- Civil Suit / Ruling on Notice of Motion to Discharge Injunction
- Outcome
- Application not determined; matter referred for further directions.
- Judges
- LC Komingoi
- Legal Topics
- Injunction Discharge, Interlocutory Orders, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P.N. Mashru Limited
Plaintiff
Castledom Properties Limited
Defendant
The Commissioner of Lands
Defendant
DIM Agencies Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Notice of Motion to Discharge Injunction
Legal Issues
- 1 Whether the court should discharge and set aside the injunction order made on 20th April 2001 against L.R NO. MN/V/1907.
- 2 Whether the application should be heard in light of prior directions issued by another judge.
Ratio Decidendi
The court declined to determine the application for discharge of the injunction order because it became apparent that directions relevant to the matter had already been issued by Honourable Justice A. Omollo, who remains seized of the case. Proceeding to rule on the application would risk interfering with those directions. The court therefore directed that the file be placed before Honourable Justice A. Omollo for further directions, ensuring judicial consistency and respect for the case management process.
Court Disposition
Application not determined; matter referred for further directions.
Orders
- The file to be placed before Honourable Justice A. Omollo on 26.10.2017 for further directions.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL SUIT NO. 353 OF 1999
P.N. MASHRU LIMITED...............................................PLAINTIFF
-VERSUS-
CASTLEDOM PROPERTIES LIMITED..........1ST DEFENDANT
THE COMMISSIONER OF LANDS.................2ND DEFENDANT
DIM AGENCIES LIMITED...............................3RD DEFENDANT
RULING
1. This is the Notice of Motion dated 18. 8.2017. It is brought under Order 40 Rule 7 of the Civil Procedure Rules, Section 1A, 3A of the Civil Procedure Act.
2. It seeks orders;
1. That the order of injunction made on 20th April 2001 and registered against the title of property known as L.R NO. MN/V/1907 as Entry No.4 be and is hereby set aside and discharged.
2. That the Registrar of Titles Mombasa be and is hereby directed to register and enter the discharge order herein against the title of property known as L.R NO. MN/V/1907 to reflect the discharge.
3. That costs of this application be paid by the plaintiff. The grounds are on the face of the application listed as paragraph 1-7.
It is supported by the affidavit of Amit Doshi Director of the 3rd Defendant Company sworn on the 18. 8.2017.
4. The application is opposed. There is a replying affidavit sworn by Francis Mulili Director of the plaintiff company sworn on the 5. 9.2017.
5. When the matter was called out in open court Mr. Oluga told the court that the injunction orders sought to be discharged were issued on 20th April 2001 by Honourable Justice P.N. Waki.
6. When I retired to write the ruling I realized that the directions he was relying on were issued by Honourable Justice A. Omollo on 24. 11. 2016. The Honourable is at the station.
If I purport to write a ruling, this would one way or another interfere with the said directions. Had I been made aware of the said directions I would not have heard the application.
7. It is on the record that the plaintiff has now filed a list of documents. They have also fixed the suit for hearing on 26. 10. 2017. Given this background I hereby direct that the file be placed before Honourable Justice A. Omollo on the 26. 10. 2017 to give further directions on this matter.
It is so ordered.
Dated, signed and delivered at Mombasa on the 24th day of October 2017.
L. KOMINGOI
JUDGE
24/10/2017