[2024] KEELC 4104 (KLR)

[2024] KEELC 4104 (KLR)

The court declined to grant a temporary injunction because service had not been properly effected on the 3rd defendant and the 917 alleged allottees who stood to be affected by the orders sought. Granting the interim orders would prejudice parties not before the court and violate the principles of natural justice,...

Source-derived case information.

Citation
[2024] KEELC 4104 (KLR)
Parties
Plaintiff: Loshakep Chumel Wilson & 86 others (Suing on behalf of the residents of Chepchoina Phase III in Trans-Nzoia County); Defendant: Attorney General; Defendant: Chief Land Registrar; Defendant: National Land Commission; Defendant: Director Of Land Adjudication and Settlement Scheme; Defendant: Director of Survey
Court
Environment and Land Court
Court Station
Environment and Land Court at Kitale
Jurisdiction
Kenya
Case Number
Environment & Land Case E014 of 2024
Procedural Posture
Environment and Land Case / Ruling on Interim Injunction Application
Outcome
Interim injunction declined; directions issued for service and joinder of parties.
Judges
FO Nyagaka
Legal Topics
Interim Injunctions, Service of Process, Joinder of Parties, Land Allocation Disputes
Source Language
en
Land and Property Civil Procedure Interim Injunctions Service of Process Joinder of Parties Land Allocation Disputes

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Summary, issues, holding and outcome

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Parties

Loshakep Chumel Wilson & 86 others (Suing on behalf of the residents of Chepchoina Phase III in Trans-Nzoia County)

Plaintiff

Attorney General

Defendant

Chief Land Registrar

Defendant

National Land Commission

Defendant

Director Of Land Adjudication and Settlement Scheme

Defendant

Director of Survey

Defendant

Procedural Posture

Environment and Land Case / Ruling on Interim Injunction Application

Legal Issues

  1. 1 Whether the plaintiffs are entitled to a temporary injunction restraining the defendants from interfering with their occupation of the suit land pending hearing and determination of the application.
  2. 2 Whether service upon all necessary parties, including the 3rd defendant and the 917 alleged allottees, was properly effected.
  3. 3 Whether granting interim orders would prejudice parties not yet served or joined to the proceedings.

Ratio Decidendi

The court declined to grant a temporary injunction because service had not been properly effected on the 3rd defendant and the 917 alleged allottees who stood to be affected by the orders sought. Granting the interim orders would prejudice parties not before the court and violate the principles of natural justice, which require that all parties likely to be affected by a decision be given an opportunity to be heard. The court emphasized that the application was not urgent and that the interests of justice required proper service and joinder of all affected parties before any adverse or protective orders could be issued. Directions were given for service and joinder, and timelines set for...

Court Disposition

Interim injunction declined; directions issued for service and joinder of parties.

Orders

  • National Land Commission to be served with pleadings and application.
  • Plaintiffs to identify and serve the 917 alleged allottees upon applying to enjoin them and upon court granting the application.