[2020] KEELC 1261 (KLR)
The court declined to grant the temporary injunction sought by the applicant, emphasizing that the matter has been pending for over five years and that the proper course is to proceed to a full hearing on the merits. The court invoked the principle of active case management, noting that interlocutory applications...
Source-derived case information.
- Citation
- [2020] KEELC 1261 (KLR)
- Parties
- Applicant: Veronica Lewis Molia; Respondent: Ibrahim Jirma; Respondent: Cabinet Secretary Ministry of Lands, County Government of Isiolo; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 18 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction Application
- Outcome
- application dismissed
- Legal Topics
- Interlocutory Injunctions, Land Allocation Disputes, Active Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veronica Lewis Molia
Applicant
Ibrahim Jirma
Respondent
Cabinet Secretary Ministry of Lands, County Government of Isiolo
Respondent
Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from interfering with land parcel No.184 pending determination of the suit.
- 2 Whether the age and procedural history of the matter preclude the grant of interlocutory injunctive relief.
Ratio Decidendi
The court declined to grant the temporary injunction sought by the applicant, emphasizing that the matter has been pending for over five years and that the proper course is to proceed to a full hearing on the merits. The court invoked the principle of active case management, noting that interlocutory applications should not delay the substantive resolution of disputes, especially where the parties have had ample opportunity to prepare their cases. The court also considered that the applicant's previous application for amendment of the plaint was allowed and the defense had withdrawn a Preliminary Objection, indicating readiness for the main hearing. Accordingly, the application for a...
Court Disposition
application dismissed
Orders
- The application dated 12.3.2020 is dismissed with no orders as to costs.
- The matter is to be heard on 27.1.2021.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 18 OF 2014
VERONICA LEWIS MOLIA..........PLAINTIFF/APPLICANT
VERSUS
IBRAHIM JIRMA.........................................1ST RESPONDENT
CABINET SECRETARY MINISTRY OF LANDS,
COUNTY GOVERNMENT OF ISIOLO... 2ND RESPONDENT
ATTORNEY GENERAL.............................. 3RD RESPONDENT
RULING
1. This ruling is in respect of the application dated 12. 3.2020 where the applicant is praying for an order of temporary injunction restraining the respondents or their agents from interfering with land parcel No.184 pending the determination of this suit. The applicant avers that the land was allocated to her and she has put up a school there. Her former advocate had filed a similar application which was withdrawn.
2. I have considered all the issues raised herein and the submissions of the plaintiff. In particular, this court has taken into account the age of the matter. The court should not to be hearing applications for injunction when the matter has been live in court for the last five plus years. The applicant should instead focus on having the matter heard on merits considering that her application for amendment of the plaint was allowed and defense had also withdrawn a Preliminary Objection.
3. In the spirit of Active Case Management geared towards the fair and prompt disposal of disputes, I decline to grant any orders at this stage- see Elias Borana Laichena & Another vs. Micheal Kirimi Kobia Meru ELC Appeal No.16 of 2019. The application dated 12. 3.2020 is hereby dismissed with no orders as to costs.
4. This matter is to be heard on 27. 1.2021.
DATED, SIGNED AND DELIVERED AT MERU THIS 30TH DAY OF SEPTEMBER, 2020
HON. LUCY. N. MBUGUA
ELC JUDGE
ORDER
The date of delivery of this Ruling was given to the advocates for the parties through a virtual session via Microsoft teams on 15. 7.2020. In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this Ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA
ELC JUDGE