Postel Housing Co-operative Society Limited & another v Telkom Kenya Limited & another; Attorney General (Interested Party) [2019] KEELC 4896 (KLR)

Summary at a glance

Facts

Petitioners brought a petition seeking a conservatory order to restrain the respondents from selling, alienating, leasing, demarcating, sub-dividing, re-allocating, re-assigning and interfering with the property described as Land Reference Number 7656 Ngong Road. Respondent Telkom Kenya brought an application to set aside the interim order and strike out the petition.

Issues

• Whether the petition is frivolous and vexatious
• Whether the petition is an abuse of the court process
• Whether the petitioners are forum shopping
• Whether the petition should be stayed pending arbitration proceedings

Reasoning

The court found that the petition is an abuse of the court process and an attempt at forum shopping. The petitioners are not mentioned in Legal Notice 154 of 1999 or Legislative Supplement No. 11 of 2011, and the arbitrator will consider the documents when determining the rightful owner of Land Reference Number 7656.

Outcome

The petition is stayed pending disposal of arbitration proceedings consensually initiated by the parties.

Orders

• A conservatory order do issue restraining the respondents, their agents, servants, employees and/or representatives from selling, alienating, leasing demarcating, sub-dividing, re-allocating, re-assigning and/or in any manner whatsoever interfering with the property described as Land Reference Number 7656 Ngong Road, Nairobi, pending the hearing and determination of this petition.
• A temporary order suspending the illegal Legislative Supplement Number 11 of 2001 issued on 23/2/2001, purporting to delete the entry under Serial Number 166 under the Legal Notice Number 154 of 1999 providing for subdivision of 60 acres to be carried out of the original title 79 acres of Land Reference Number 7656 Ngong Road for construction of residential units.