Pius Musembi Kivindu & 8 others v East African Portland Cement Company Limited & 2 others; National Land Commission & another (Interested Parties) [2019] KEELC 2995 (KLR)
- Court
- Environment & Land Court
- Case number
- 2995
- Citation
- [2019] KEELC 2995 (KLR)
- Decided
- 31 May 2019
Summary at a glance
TypeInjunction ApplicationPostureAppeal from a previous injunction applicationCoramKariuki
The application for injunction is dismissed as the previous application was res judicata.
Facts
The plaintiffs are registered associations representing approximately 19,220 members who reside on the suit premises. The defendants are sub-dividing and selling portions of the suit land to third parties.
Issues
- Injunction to stop sub-dividing and selling of the suit land
- Injunction to prevent registration of transfers of land and encumbrances
Reasoning
The previous application for injunction was dismissed and the two matters were consolidated. The current application is not supported by any annexures and there is no evidence to support the plaintiffs' proprietary interests in the suit properties.
Outcome
Application dismissed
Authorities cited
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