[2023] KEELC 21055 (KLR)
The court found that the applicant, a public primary school, had demonstrated sufficient grounds for the grant of injunctive and inhibition orders. The court was persuaded that the respondents had entered the suit land and commenced construction despite the pending case, and had attempted to alienate the land and...
Source-derived case information.
- Citation
- [2023] KEELC 21055 (KLR)
- Parties
- Plaintiff: Salat Fillo Utuqa; Plaintiff: Salat Molu Dida; Plaintiff: Abdullahi Guyo Dida; Plaintiff: Alansar Muslim Group; Respondent: The Chairman (on behalf of Ramadhan Primary School)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E020 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application for Injunction and Inhibition
- Outcome
- Application allowed in part; orders of injunction and inhibition granted; costs in the cause.
- Judges
- PM Njoroge
- Legal Topics
- Injunctions, Land Alienation, Status Quo Preservation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salat Fillo Utuqa
Plaintiff
Salat Molu Dida
Plaintiff
Abdullahi Guyo Dida
Plaintiff
Alansar Muslim Group
Plaintiff
The Chairman (on behalf of Ramadhan Primary School)
Respondent
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application for Injunction and Inhibition
Legal Issues
- 1 Whether an injunction should issue to restrain the plaintiffs/respondents from entering, constructing, drilling, or alienating the suit land pending determination of the suit.
- 2 Whether an order of inhibition should be granted to prevent dealings on ISIOLO TOWNSHIP BLK1/313 pending the hearing and determination of the suit.
- 3 Whether the applicant has demonstrated that it will suffer irreparable harm if the orders are not granted.
Ratio Decidendi
The court found that the applicant, a public primary school, had demonstrated sufficient grounds for the grant of injunctive and inhibition orders. The court was persuaded that the respondents had entered the suit land and commenced construction despite the pending case, and had attempted to alienate the land and process a title deed in their favour. The respondents failed to file submissions as directed, and there was no evidence to counter the applicant's assertions. The court held that it was necessary to preserve the status quo and prevent any further dealings with the suit property pending the hearing and determination of the suit. Accordingly, the court granted prayers 3, 4, and 5...
Court Disposition
Application allowed in part; orders of injunction and inhibition granted; costs in the cause.
Orders
- Orders of injunction granted barring the plaintiffs/respondents from entering, constructing, drilling, or alienating the suit land pending determination of the suit.
- Order of inhibition granted inhibiting any dealings on ISIOLO TOWNSHIP BLK1/313 pending hearing and determination of the suit.
Full Case Text
Judgment text and source record
22 paragraphs
Utuqa & 2 others (Suing on Behalf of Alansar Muslim Group) v Chairman (Sued on Behalf of Ramadhan Primary School) (Environment & Land Case E020 of 2021) [2023] KEELC 21055 (KLR) (30 October 2023) (Ruling)
Neutral citation: [2023] KEELC 21055 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case E020 of 2021
PM Njoroge, J
October 30, 2023
Between
Salat Fillo Utuqa
1st Plaintiff
Salat Molu Dida
2nd Plaintiff
Abdullahi Guyo Dida
3rd Plaintiff
Suing on Behalf of Alansar Muslim Group
and
The Chairman (Sued on Behalf of Ramadhan Primary School )
Respondent
Ruling
1. This application is dated 27th September, 2022 and seeks the following orders;1. That the Honourable court be pleased to certify this application as urgent and heard ex-parte the first instance.2. That service of this application be dispensed with in the first instance.3. That this court issues orders of injunction barring the Plaintiff/Respondents from in anyway, entering, constructing, drilling or in any way alienating the land subject of this application.4. That this court issues orders of inhibition inhibiting any dealings on ISIOLO TOWNSHIP BLK1/313 the suit parcel pending the hearing and determination of this suit.5. That it is necessary to preserve the status quo pending the hearing and determination of this application and suit or until further orders of the court.6. That unless an order of injunction herein is granted, the Applicant will suffer irreparably.7. That cost of this application be in the cause.
2. The application has inter alia, the following grounds;1. That the Plaintiff/Respondent on the 21st September, 2022 entered into the suit land and commenced construction in spite of this existing case in court.2. That the Plaintiff/Respondent has also during the pendency of this suit gone ahead to alienate the land and have title deed processed in their names and favour to defeat any likely outcome of this suit.3. On 10th July, 2023 the court gave orders that the Respondent/Plaintiff files and serves submissions within 21 days after receipt of the applicant’s submissions.4. On 18th September, 2023 advocate Ms Nyasani informed the court that all the parties had filed submissions and asked the court to fix a ruling date. She told the court that the Plaintiff’s submissions were filed in the month of June, 2023. A perusal of the court file shows that the plaintiffs did not file submissions.5. Upon a careful perusal of the court file, it is clear that the plaintiff had not filed any submissions after 10/7/2023 when the matter was last in court.6. I have perused the Defendant/Applicant’s submissions. I am persuaded that the orders sought by the applicant, a public primary school are merited. In the circumstances,I issue the following orders;1. Prayers 3, 4, and 5 in the application are hereby granted.2. Costs shall be in the cause.
DELIVERED IN OPEN COURT AT ISIOLO THIS 30TH DAY OF OCTOBER, 2023 IN THE PRESENCE OF:Miss Nyasani holding brief for Zainab Jirma for the RespondentOther parties absent.HON. JUSTICE P.M NJOROGEJUDGE