[2024] KEELC 5706 (KLR)
The court found that the defendants are in possession of the suit property, but there was no disclosure as to when they took possession. To prevent prejudice to either party and to safeguard the subject matter of the dispute, the court determined that it is fair and just to maintain the status quo both in the land...
Source-derived case information.
- Citation
- [2024] KEELC 5706 (KLR)
- Parties
- Plaintiff: John Kibett Rotich; Defendant: Ngongongeri Settlement Scheme; Defendant: Jackson Chebii; Defendant: Hosea Chemweno; Defendant: Martha Obiria; Defendant: Isaiah Ogechi; Defendant: William Cheruiyot Koech
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 23 of 2024
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction Application
- Outcome
- Status quo order granted; interlocutory injunction declined.
- Judges
- A Ombwayo
- Legal Topics
- Injunctive Relief, Status Quo Orders, Land Ownership Disputes, Trespass, Land Register Entries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kibett Rotich
Plaintiff
Ngongongeri Settlement Scheme
Defendant
Jackson Chebii
Defendant
Hosea Chemweno
Defendant
Martha Obiria
Defendant
Isaiah Ogechi
Defendant
William Cheruiyot Koech
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the applicant is entitled to an interlocutory injunction restraining the defendants from interfering with the suit property pending hearing and determination of the suit.
- 2 Whether the status quo should be maintained regarding the possession and registration of the suit property.
Ratio Decidendi
The court found that the defendants are in possession of the suit property, but there was no disclosure as to when they took possession. To prevent prejudice to either party and to safeguard the subject matter of the dispute, the court determined that it is fair and just to maintain the status quo both in the land register and on the ground. Accordingly, the Land Registrar, Nakuru, is restrained from making any entry or registering any transaction in respect of the suit property, and the current state of possession is to be preserved until the hearing and determination of the suit. This approach ensures that the substratum of the suit is not destroyed and that the rights of the parties...
Court Disposition
Status quo order granted; interlocutory injunction declined.
Orders
- Status quo to be maintained in the register of the suit parcel; Land Registrar, Nakuru, restrained from making any entry or registering any transaction in respect of the suit property.
- Status quo on the ground to be maintained until hearing and determination of the suit.
Full Case Text
Judgment text and source record
29 paragraphs
Rotich v Ngongongeri Settlement Scheme & 5 others (Environment & Land Case 23 of 2024) [2024] KEELC 5706 (KLR) (26 July 2024) (Ruling)
Neutral citation: [2024] KEELC 5706 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case 23 of 2024
A Ombwayo, J
July 26, 2024
Between
John Kibett Rotich
Plaintiff
and
Ngongongeri Settlement Scheme
1st Defendant
Jackson Chebii
2nd Defendant
Hosea Chemweno
3rd Defendant
Martha Obiria
4th Defendant
Isaiah Ogechi
5th Defendant
William Cheruiyot Koech
6th Defendant
Ruling
1. John Kibett Rotich hereinafter referred to as the applicant has come to court against Ngogongeri settlement scheme and five others seeking orders that pending the hearing of the suit this honourable court be pleased to issue an injunctive order restraining the respondents whether by themselves, servants, employees , agents or any other person acting under their instructions for entering the contentious building thereon or in any other management interfering with all that parcel of land known as Nakuru Ngongongeri /92. Moreover an order directing the OCS Njoro Police Station to supervise the implementation of the above order.
2. The application is based on grounds that the applicant is registered as the owner of the suit parcel thus entitled to exclusive occupation and possession. The Defendants/Respondents are marauding land fraudsters scheming over the Applicants property and intending to defraud the Applicant of his property alongside other related family properties. He contends that the Respondents are presently engaging in acts of trespass inconsistent with and contravention of the Applicants right to the property, particularly cultivating and erecting temporary structures thereon. They have also broken down fences and cut down trees for timber and are frequently selling/leasing parcels to third parties under the guise of the Applicants authority even though no such authority was conferred upon them. The Applicant is apprehensive of the risks to his registered interests posed by the Respondents actions, more so with regards to ownership and rights whereof as well as sustained degradation at the hands of these fraudsters and their agents. According to the applicant, he stands to suffer irreparable loss if the orders sought are not granted.
3. The orders sought to be granted by the Honorable court will safeguard the subject matter which is being interfered with by the Respondents and their agents and there is the risk of destroying the substratum of the accompanying suit herein
4. I have considered the facts of this case from both sides, the law, and do find that the defendants appear to be in possession of the suit property and there is no disclosure as to when they took possession. I do find that it is only fair to maintain the status quo in this matter and therefore, I do make an order that the status quo to be maintained in the register of the suit parcel hence the Land Registrar, Nakuru is restrained from making any entry in the register, registering any transaction in respect of the suit property. Moreover, that the status quo on the ground to be maintained until the hearing and determination of the suit property. Costs in the cause. The matter to be fast-tracked for hearing.
RULING DATED, SIGNED AND DELIVERED ELECTRONICALLY ON 26THJULY 2024A.O.OMBWAYOJUDGE