Onkware Omwenga v Konoi Sapai [2018] KEELC 2432 (KLR)
- Court
- Environment & Land Court
- Case number
- 2432
- Citation
- [2018] KEELC 2432 (KLR)
- Decided
- 13 July 2018
Summary at a glance
TypeCivilPostureAppeal from an order granting an ex parte temporary injunctionCoramMOHAMMED NOOR KULLOW
The court dismissed the application and upheld the ex parte order.
Facts
The 2nd Defendant/Applicant sought an order staying the implementation and enforcement of an ex parte temporary injunction against the 2nd Defendant from trespassing or alienating land parcel No. Trans Mara/Meguara/132, and to discharge the ex parte order granted on 14th November, 2017.
Issues
- Whether the 2nd Defendant is the lawful and registered owner of the land parcel No. Trans Mara/Meguara/132.
- Whether the ex parte order was granted without the 2nd Defendant being heard.
- Whether the 1st and 3rd Defendants should be joined as parties in the case.
Reasoning
The court found that the 2nd Defendant is the lawful and registered owner of the land parcel and that the ex parte order was valid.
Outcome
Appeal dismissed
Orders
- The ex parte order granting the temporary injunction against the 2nd Defendant is upheld.
- The 1st and 3rd Defendants are not joined as parties in the case.
Authorities cited
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