[2024] KEELC 4970 (KLR)
The court declined to grant the interim injunction sought by the applicant on the basis that the impugned judgment was delivered 15 years ago, and the significant delay in seeking relief undermined the urgency and necessity for interim orders. The court held that the application for injunction on interim basis would...
Source-derived case information.
- Citation
- [2024] KEELC 4970 (KLR)
- Parties
- Applicant: Abi Woche (Suing as the Legal Administrator of the Estate of Woche Imala – Deceased); Respondent: Senior Resident Magistrate’S Court Moyale; Respondent: Adan Chula Sode
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case E001 of 2023
- Procedural Posture
- Judicial Review Application / Ruling on Interim Injunction Application
- Outcome
- Interim injunction denied; application to be heard inter partes.
- Judges
- PM Njoroge
- Legal Topics
- Interim Injunctions, Judicial Review Procedure, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abi Woche (Suing as the Legal Administrator of the Estate of Woche Imala – Deceased)
Applicant
Senior Resident Magistrate’S Court Moyale
Respondent
Adan Chula Sode
Respondent
Procedural Posture
Judicial Review Application / Ruling on Interim Injunction Application
Legal Issues
- 1 Whether the applicant is entitled to an interim injunction restraining the 2nd respondent from dealing with Farm No. 341 pending determination of the application.
- 2 Whether the delay of 15 years since the impugned judgment affects the grant of interim relief.
Ratio Decidendi
The court declined to grant the interim injunction sought by the applicant on the basis that the impugned judgment was delivered 15 years ago, and the significant delay in seeking relief undermined the urgency and necessity for interim orders. The court held that the application for injunction on interim basis would await full canvassing of the application, indicating that the threshold for granting such relief on an ex parte basis had not been met in the circumstances. The matter was set down for directions, and costs were ordered to be in the cause.
Court Disposition
Interim injunction denied; application to be heard inter partes.
Orders
- Prayer for interim injunction is denied at this stage.
- Application for injunction on interim basis will await full canvassing of the application.
Full Case Text
Judgment text and source record
22 paragraphs
Woche (Suing as the Legal Administrator of the Estate of Woche Imala – Deceased) v Senior Resident Magistrate’S Court Moyale & another (Environment and Land Judicial Review Case E001 of 2023) [2024] KEELC 4970 (KLR) (1 July 2024) (Ruling)
Neutral citation: [2024] KEELC 4970 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Judicial Review Case E001 of 2023
PM Njoroge, J
July 1, 2024
Between
Abi Woche (Suing as the Legal Administrator of the Estate of Woche Imala – Deceased)
Appellant
and
The Senior Resident Magistrate’S Court Moyale
1st Respondent
Adan Chula Sode
2nd Respondent
Ruling
1. This application is dated 22/5/2024 and seeks orders; -a.That this application be certified as urgent, service thereof be dispensed with and the same be heard ex-parte in the first instant.b.That an order of injunction do issue restraining the Interested Party/2nd Respondent, his agents, servants and all and any persons acting/claiming through or in the name of the Interested Party/2nd Respondent from proceedings to lease, occupy, collect rent and or revenue, alter, alienate and or transfer of (sic) FARM NO. 341 pending hearing and determination of this application.c.That an order of injunction do issue restraining the Interested Party/2nd Respondent, his agents, servants and all and any persons acting/claiming through or in the name of the Interested Party/2nd Respondent from proceedings to lease, occupy, collect rent and or revenue, alter, alienate and or transfer of Farm No. 341 pending hearing and determination of the Judicial Review Application filed herein.d.That the Officer Commanding Police Station Moyale do assist in the implementation of the orders herein as against the Respondent.e.That this Honourable Court do award any other orders it may deem just, fit and expedient to award in the interests of justice.f.That the costs of this application be provided for.
2. The application is supported by the affidavit of the applicant and by the grounds on its face.
3. The prayer for injunction on interim basis by advocate Caleb Mwiti, holding brief for Mr. Mabeya for the applicant, is denied as the impugned judgment was delivered 15 years ago. That application for injunction on interim basis will await full canvassing of the application.
4. Parties will come to court for directions on 7/10/2024.
5. Costs shall be on the cause.
DELIVERED IN OPEN COURT AT ISIOLO THIS 1ST DAY OF JULY, 2024 IN THE PRESENCE OF:Court Assistant: Balozi/RahmaCaleb Mwiti holding brief for Mabeya for the Applicant.Behariu for the Interested Party/2nd Respondent.HON. JUSTICE P.M NJOROGEJUDGE