[2020] KEELC 3266 (KLR)
The court found that the issues in contest between the parties could only be conclusively determined at a full hearing where witnesses are called and evidence on the transaction is canvassed. However, to protect the integrity of the proceedings and preserve the suit land, the court exercised its discretion to grant...
Source-derived case information.
- Citation
- [2020] KEELC 3266 (KLR)
- Parties
- Applicant: Skan Commission Agencies Ltd; Respondent: The Mukuyu-Ini Farmers Co. Ltd; Respondent: The Land Registrar Narok; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 17 of 2018
- Procedural Posture
- Constitutional Petition / Interlocutory Application Ruling
- Outcome
- interlocutory injunction granted in part; other prayers declined as premature
- Judges
- MN Kullow
- Legal Topics
- Temporary Injunctions, Land Possession Disputes, Constitutional Rights Enforcement, Preservation of Suit Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Skan Commission Agencies Ltd
Applicant
The Mukuyu-Ini Farmers Co. Ltd
Respondent
The Land Registrar Narok
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Application Ruling
Legal Issues
- 1 Whether a temporary injunction should issue to restrain the respondents from interfering with the petitioners' members' possession of the suit land pending determination of the petition.
- 2 Whether the other interlocutory prayers sought, including production of documents and site visit, are appropriate at this stage.
Ratio Decidendi
The court found that the issues in contest between the parties could only be conclusively determined at a full hearing where witnesses are called and evidence on the transaction is canvassed. However, to protect the integrity of the proceedings and preserve the suit land, the court exercised its discretion to grant a temporary injunction restraining the respondents from interfering with the petitioners' members' possession of the specified land parcels pending the hearing and determination of the petition. The court declined to grant the other interlocutory prayers, such as production of documents and a site visit, holding that these were premature at this stage and should be sought by...
Court Disposition
interlocutory injunction granted in part; other prayers declined as premature
Orders
- A temporary injunction is issued restraining the respondents from interfering with the petitioners’ members’ possession of land parcel Cis Mara/Olololunga/157 and 198 pending the hearing and determination of the petition.
- The petitioners are directed to make appropriate application for production of documents and site visit during the substantive hearing.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
CONSTITUTIONAL PETITION NO. 17 OF 2018
IN THE MATTER OF CONSTITUTION OF THE REPUBLIC OF KENYA AND
IN THE MATTER OF ARTICLES 1, 2 3, 19(2), 20(5), 21,22,23,26,27,28,29,40 AND 47 OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF THE ALLEGED CONTRAVENTION OF ARTICLES 1,2,3 19(2),20(5),21,22,23,26,27,28,29,40,42 AND 47 OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF THE LAND ACT 2012
AND
BETWEEN
SKAN COMMISSION AGENCIES LTD…………………….PETITIONER
VERSUS
THE MUKUYU-INI FARMERS CO. LTD……...………1ST RESPONDENT
THE LAND REGISTRAR NAROK………..……………2ND RESPONDENT
ATTORNEY GENERAL…………………...……………..3RD RESPONDENT
RULING
I have considered the notice of motion dated 17th October, 2018 together with the submissions filed and I find that the issues in contest can only be determined at a full hearing where witnesses are called and evidence on the transaction proceeding the suit herein conclusively canvassed. However, to protect the integrity of the proceedings herein and to preserve the suit land I thus order as follows: -
1. A temporary injunction is hereby issued restraining the respondents from interfering with the petitioners’ members’ possession of land parcel cis Mara/Olololunga/157 and 198 pending the hearing and determination of the petition herein.
As for the other prayers sought it is my finding that it is now premature to grant the said orders at the interlocutory stage and since the same relates to the production of documents by the land registrar and a visit to the suit land I direct the petitioners to make such appropriate application during the hearing of the substantive suit.
The costs of the application be in the cause.
DATED, SIGNED and DELIVERED in open court at NAROK on this 10TH day of FEBRUARY, 2020.
Mohammed Kullow
Judge
10/2/2020
In the presence of:
CA:Chuma/Kimiriny
Ms Kudate holding brief for Mugumya for the petitioners
Mr Langat for the 1st respondent
Mohammed Kullow
Judge
10/2/2020