[2022] KEELC 2898 (KLR)
The court declined to grant the interlocutory injunction and eviction orders because doing so would effectively dispose of the main reliefs sought in the substantive suit without the benefit of a full hearing. The court emphasized that interlocutory applications should not be used to grant final orders, especially...
Source-derived case information.
- Citation
- [2022] KEELC 2898 (KLR)
- Parties
- Plaintiff: Henry Ruhiu; Defendant: Burton Wachira Githinji; Defendant: James Macharia; Defendant: Nancy Murugu; Defendant: The Office Bearers of Umoja II Residents' Welfare Association
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit E145 of 2022
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application for Injunction and Eviction
- Outcome
- application dismissed
- Judges
- LN Mbugua
- Legal Topics
- Injunctions, Eviction Orders, Interlocutory Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Henry Ruhiu
Plaintiff
Burton Wachira Githinji
Defendant
James Macharia
Defendant
Nancy Murugu
Defendant
The Office Bearers of Umoja II Residents' Welfare Association
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Application for Injunction and Eviction
Legal Issues
- 1 Whether the court should grant interlocutory injunctive and eviction orders against the defendants before the main suit is heard.
- 2 Whether granting such orders at this stage would amount to granting the main relief sought in the suit.
Ratio Decidendi
The court declined to grant the interlocutory injunction and eviction orders because doing so would effectively dispose of the main reliefs sought in the substantive suit without the benefit of a full hearing. The court emphasized that interlocutory applications should not be used to grant final orders, especially where the same relief is sought in the main suit. The absence of a response from the defendants did not alter this principle. The application was therefore found to be without merit and dismissed.
Court Disposition
application dismissed
Orders
- The notice of motion application dated April 14, 2022 is dismissed.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
Ruhiu v Githinji & 2 others (The Office Bearers of Umoja II Residents' Welfare Association) (Environment and Land Case Civil Suit E145 of 2022) [2022] KEELC 2898 (KLR) (7 July 2022) (Ruling)
Neutral citation: [2022] KEELC 2898 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Case Civil Suit E145 of 2022
LN Mbugua, J
July 7, 2022
Between
Henry Ruhiu
Plaintiff
and
Burton Wachira Githinji
1st Defendant
James Macharia
2nd Defendant
Nancy Murugu
3rd Defendant
The Office Bearers of Umoja II Residents' Welfare Association
Ruling
1. Before me is a notice of motion application dated April 14, 2022 in which the plaintiff is seeking injunctive orders against the defendants. The plaintiff is also seeking an eviction order to remove the defendants from the suit parcel No. Nairobi/Umoja Block 107/1/1057.
2. The defendants have not filed any response to the application.
3. A perusal of the plaint reveals that the plaintiff is seeing injunction orders as well as orders of eviction in the main suit. Thus if this court was to grant the orders of injunction and eviction at this stage it would amount to issuance of major reliefs sought in the main suit.
4. In the case of Daniel Atibu Jasimba V. Ainea Sandanyi Magana [2013] eKLR the court stated that:“Since the plaintiff’s suit is for eviction of the defendant from the said residence, such an injunction will amount to granting a major relief in the suit without the benefit of a hearing.”
5. In light of the above analysis, I find that the application dated April 14, 2022 is not merited. The same is hereby dismissed with no orders as to costs.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 7TH DAY OF JULY, 2022 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Shikanda holding brief for Ann Were for the Plaintiff/ApplicantCourt Assistant: Eddel