Swaleh Hussen Sherman Swaleh v Kenya Rural Roads Authority Mombasa [2015] KEELC 231 (KLR)
- Court
- Environment & Land Court
- Case number
- 231
- Citation
- [2015] KEELC 231 (KLR)
Summary at a glance
The application is determined as compromised, and the status quo obtained as a result of the interim orders issued be maintained.
Facts
The plaintiff/applicant sought temporary orders of injunction to restrain the defendant from dealing with plots Nos. Mombasa Block XIV/147, XIV/162, 177, 192 and 206 pending hearing and determination of the suit. The application was filed on 30th May, 2013 and obtained ex parte orders on the same date. The application was not proceeded with due to lack of submissions.
Issues
- Boundary Dispute
- Injunction
Reasoning
The application has been in court for unnecessarily too long. The nature of the prayers sought in the plaint makes it a boundary dispute. Since the interim orders issued on 30th May, 2013 are still in force, the application is compromised.
Outcome
Compromised
Orders
- County surveyor to visit and file report on disputed plots within 60 days of service of this order
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