[2014] KEHC 4626 (KLR)
The court found that the applicants did not meet the strict threshold for the grant of an interlocutory injunction as set out in Giella v Cassman Brown. However, recognizing that the applicants reside on the disputed land and that there have been attempts to regularize their interests, the court determined that it...
Source-derived case information.
- Citation
- [2014] KEHC 4626 (KLR)
- Parties
- Plaintiff: Samuel Ngugi Chege & 59 Others; Defendant: Ali Said Mohamed; Defendant: Soud Said Mohamed
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Case 120 of 2013
- Procedural Posture
- Civil Case / Interlocutory Application (ruling on Notice of Motion for Interim Relief)
- Outcome
- Status quo order granted; interlocutory injunction not granted.
- Judges
- SN Mukunya
- Legal Topics
- Interlocutory Injunctions, Status Quo Orders, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ngugi Chege & 59 Others
Plaintiff
Ali Said Mohamed
Defendant
Soud Said Mohamed
Defendant
Procedural Posture
Civil Case / Interlocutory Application (ruling on Notice of Motion for Interim Relief)
Legal Issues
- 1 Whether the applicants have met the threshold for the grant of an interlocutory injunction as set out in Giella v Cassman Brown.
- 2 Whether the status quo should be maintained pending the hearing and determination of the suit.
Ratio Decidendi
The court found that the applicants did not meet the strict threshold for the grant of an interlocutory injunction as set out in Giella v Cassman Brown. However, recognizing that the applicants reside on the disputed land and that there have been attempts to regularize their interests, the court determined that it was necessary to protect their position pending the hearing of the suit. Accordingly, the court ordered that the status quo as at the date of the ruling be maintained until the suit is heard and determined, thereby safeguarding the applicants' interests without granting a full injunction.
Court Disposition
Status quo order granted; interlocutory injunction not granted.
Orders
- The status quo pertaining at the date of the ruling shall be maintained until the suit is heard and determined.
Full Case Text
Judgment text and source record
18 paragraphs
COPY
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL CASE NO. 120 OF 2013
SAMUEL NGUGI CHEGE & 59 OTHERS ......................PLAINTIFFS
- VERSUS-
1. ALI SAID MOHAMED
2. SOUD SAID MOHAMED .............................................. DEFENDANTS
RULING
[1] I have perused the Notice of Motion dated 4th June, 2013 by the applicants, their supporting affidavit and annextures. I have equally perused the replying affidavit by the respondents and annextures. Further I have considered the submissions set forth by their respective counsels. I am not convinced that the applicants herein meet the threshold of Geilla & Cassman Brown1. I however note that the applicants live on the disputed land(s). That there has been attempts to pay land rent to the respondents and even attempts to sell to the applicants leasehold interests to the applicants by the respondents. It will be important to protect the interests of the applicants, whatever their interests may be, pending the hearing of the suit filed herein. For that reason I shall order that the status quo pertaining at the date thereof be maintained until this suit is heard and determined.
It is so ordered.
Dated and delivered in open court at Mombasa this 5th day of June, 2014.
S. MUKUNYA
JUDGE
In the presence of:
Miss. Tsuma Advocate for Mr. Mutubia Advocate for defendant/respondent
Mr. Waithera Advocate for Mr. Aziz Advocate for plaintiff.