Akithii Ranching (Directed Agricultural) Company Limited v District Land Adjudication and Settlements Officer Tigania District & 2 others [2017] KEELC 2045 (KLR)

Facts

The applicant, Akithii Ranching (Directed Agricultural) Company Limited, sought an interpretation of a court ruling that had issued a permanent injunction against the respondents, the District Land Adjudication and Settlements Officer and the Permanent Secretary, Ministry of Land, preventing them from continuing the adjudication process in respect of the applicant's ranch land measuring approximately 33,000 acres until the lease expired after 33 years. The lease was for 33 years from June 1982.

Issues

1. Whether the court ruling's interpretation of the permanent injunction is necessary to enable the respondents to fulfill their statutory duties.
2. Whether the injunctive orders should be lifted due to the lapse of the 33-year lease period.
3. Whether the respondents should be given a go-ahead to proceed with the adjudication process.

Reasoning

The court ruled that the 33-year lease period had expired, and the permanent injunction had ceased to exist upon the expiration of the lease. The court clarified that a permanent injunction is distinguishable from an interlocutory injunction and that its permanence dissipates permanently with the expiry of the lease.

Outcome

The application was dismissed.

Authorities cited