[2025] KEELC 3048 (KLR)
The court found that the plaintiff had satisfied the conditions for the grant of interlocutory injunctions as established in Giella v Cassman Brown & Co Ltd. The court was persuaded that the applicant had demonstrated a prima facie case with a probability of success, that he stood to suffer irreparable harm if the...
Source-derived case information.
- Citation
- [2025] KEELC 3048 (KLR)
- Parties
- Plaintiff: Alexander Kiplimo Sego; Defendant: Sub County Administrator Nandi East Sub County; Defendant: 3rd and 4th defendants; Defendant: 1st, 2nd, 5th and 6th defendants
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E003 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Notice of Motion
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Interlocutory Injunctions, Notice of Motion, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander Kiplimo Sego
Plaintiff
Sub County Administrator Nandi East Sub County
Defendant
3rd and 4th defendants
Defendant
1st, 2nd, 5th and 6th defendants
Defendant
Procedural Posture
Environment and Land Case / Ruling on Notice of Motion
Legal Issues
- 1 Whether the plaintiff is entitled to the interlocutory orders sought in the Notice of Motion dated 3rd February 2025.
- 2 Whether the application meets the threshold for grant of interlocutory injunctions.
Ratio Decidendi
The court found that the plaintiff had satisfied the conditions for the grant of interlocutory injunctions as established in Giella v Cassman Brown & Co Ltd. The court was persuaded that the applicant had demonstrated a prima facie case with a probability of success, that he stood to suffer irreparable harm if the orders were not granted, and that the balance of convenience tilted in his favour. Consequently, the application was allowed as merited.
Court Disposition
application allowed
Orders
- The Notice of Motion dated 3rd February 2025 is allowed as prayed.
- The interlocutory orders sought by the plaintiff are hereby granted.
Full Case Text
Judgment text and source record
22 paragraphs
Sego v Sub County Administrator Nandi East Sub County & 6 others (Environment & Land Case E003 of 2021) [2025] KEELC 3048 (KLR) (10 March 2025) (Ruling)
Neutral citation: [2025] KEELC 3048 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment & Land Case E003 of 2021
GMA Ongondo, J
March 10, 2025
Between
Alexander Kiplimo Sego
Plaintiff
and
Sub County Administrator Nandi East Sub County & 6 others
Defendant
Ruling
1. By a Notice of Motion dated 3rd February 2025, the plaintiff/applicant through Wambua Kigamwa and Company Advocates, is seeking the following orders;
2. The application
3. Mr Kutei learned counsel for
4. Ms Chebet learned counsel for the 3rd and 4th defendants/respondents
5. Merit
6. Allowed
7. It is so ordered
DATED AND DELIVERED THIS 10TH DAY OF MARCH 2025G M A ONGONDOJUDGEPresentMr Mogambi learned counsel for the plaintiff/applicantMs Chebet learned counsel for the 3rd and 4th defendants/respondentsMr Kutei instructed by Ms Cheruiyot learned counsel for the 1st, 2nd, 5th and 6th defendants/respondentsWalter, court assistant