[2016] KEELC 631 (KLR)
The court found that the applicants had a legitimate expectation to remain in occupation of the suit premises pending the determination of their lease renewal application, as evidenced by correspondence from the National Land Commission, Ministry of Lands, and the Municipal Council of Eldoret. The respondents had...
Source-derived case information.
- Citation
- [2016] KEELC 631 (KLR)
- Parties
- Applicant: Ravindra Ratilal Tailor; Applicant: Daya Singh Lahb Kalsi; Applicant: Narinder Singh Lochab; Applicant: Uasin Gishu Society of Eldoret; Respondent: The County Government of Uasin Gishu; Respondent: The C.E.C Land's Housing and Physical Planning Uasin Gishu County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 220 of 2015
- Procedural Posture
- Environment and Land Case / Ruling on Oral Application for Restoration of Possession Pending Inter Partes Hearing
- Outcome
- Interim orders granted restoring applicants to possession pending inter partes hearing.
- Judges
- A Ombwayo
- Legal Topics
- Eviction, Status Quo Orders, Lease Renewal, Legitimate Expectation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ravindra Ratilal Tailor
Applicant
Daya Singh Lahb Kalsi
Applicant
Narinder Singh Lochab
Applicant
Uasin Gishu Society of Eldoret
Applicant
The County Government of Uasin Gishu
Respondent
The C.E.C Land's Housing and Physical Planning Uasin Gishu County
Respondent
Procedural Posture
Environment and Land Case / Ruling on Oral Application for Restoration of Possession Pending Inter Partes Hearing
Legal Issues
- 1 Whether the plaintiffs should be restored to possession of the suit premises pending inter partes hearing.
- 2 Whether the eviction of the plaintiffs without notice was unlawful.
- 3 Whether the status quo ante eviction should be maintained.
Ratio Decidendi
The court found that the applicants had a legitimate expectation to remain in occupation of the suit premises pending the determination of their lease renewal application, as evidenced by correspondence from the National Land Commission, Ministry of Lands, and the Municipal Council of Eldoret. The respondents had forcefully evicted the applicants without seeking court intervention, thereby altering the status quo unlawfully. To prevent prejudice and maintain fairness, the court ordered restoration of the status quo ante eviction, temporarily reinstating the applicants into possession of the premises until the inter partes hearing of the substantive application. The court emphasized that...
Court Disposition
Interim orders granted restoring applicants to possession pending inter partes hearing.
Orders
- The defendants/respondents shall immediately vacate the premises and allow the plaintiffs/applicants to continue with their business temporarily pending inter partes hearing.
- Plaintiffs/applicants are restored to possession of the premises pending determination of the application.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ELDORET
ENVIRONMENT AND LAND CASE NO.220 OF 2015
RAVINDRA RATILAL TAILOR.......................................................1ST APPLICANT
DAYA SINGH LAHB KALSI...........................................................2ND APPLICANT
NARINDER SINGH LOCHAB........................................................3RD APPLICANT
UASIN GISHU SOCIETY OF ELDORET.......................................4TH APPLICANT
VERSUS
THE COUNTY GOVERNMENT OF UASIN GISHU.................1ST RESPONDENT
THE C.E.C LAND'S HOUSING AND PHYSICAL PLANNING
UASIN GISHU COUNTY........................................................2ND RESPONDENT
R U L I N G
The plaintiffs through Mr. Langat and G. Otieno learned Counsel have made an oral application that they be allowed access into the property and that the Defendant/ respondents be restrained from unlawful occupation of the premises pending the hearing of the application. The plaintiff has evicted on the 8/8/2016 without notice. According to the Plaintiffs, any damages to the to be paid shall be determined at the end of the case.
M/s Cheso learned counsel for the respondent submits that the application should be articulated in the notice of Motion dated 9th August 2016 as the the respondents are already in occupation of the premises.
I have considered the oral application and do find that the plaintiffs are praying for status quo ante the eviction to be maintained. There is no dispute that the lease term for the suit property expired and the lease holder applied for renewal of the term to the National Land Commission. On the 20/4/2016 the chairman National Land Commission wrote to the applicant's Advocate requesting the applicant to appear before the Commission with documents to enable the Commission consider renewal of lease. The Commissioner of Lands had issued new leases to third parties but canceled the same on realizing that the leases were erroneously issued and requested the applicant to apply for renewal. The predecessor of the defendant, the Municipal Council of Eldoret has also written to the Plaintiffs informing them that the application for permission to renew the lease on LR. Parcel No. ELD Municipality Block 13/22 situated in Eldoret Municipality, Elgon View had been deferred on 21/6/2011 by Town Planning & Works Committee of the Municipal Council of Eldoret subject to clarification of the current ownership of the Land and presentation of relevant communication from the Ministry of Lands for further action.
All the aforesaid letters indicate that the Defendant, Ministry of Lands and the National Land Commission gave the applicants' legitimate expectation that they are still entitled to occupation until the application is determined. Without pre-empting the outcome of the inter partes application the court finds that this is a matter where status quo ante eviction should be maintained as the respondents forcefully changed the status quo by evicting the plaintiffs without coming to court. Thus the Plaintiffs are hereby put back in possession of the premises temporarily pending interparte hearing of the application.
The upshot of the above is that the Defendant should immediately vacate the premises and allow the plaintiffs to continue with their business temporarily pending interparte hearing. Orders accordingly.
DATED AND DELIVERED AT ELDORET THIS 18TH DAY OF AUGUST 2016
ANTONY OMBWAYO
JUDGE