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Cheseret Arap Korir v Equatorial Land Holdings Ltd [2020] KEELC 2831 (KLR)

[2020] KEELC 2831 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2831
Citation
[2020] KEELC 2831 (KLR)
Decided
7 May 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent seeks injunction against applicant's eviction and interference with landCoramHon. Kimondo, Hon. Nyarangi, Hon. Odeny, S. M. KIBUNJA
Holding

The court grants the injunction sought by the Respondent

Facts

Applicant's application was dismissed with costs by the court on February 26, 2020. The status quo order for seven days granted on March 4, 2020, has lapsed. Respondent has filed an appeal and seeks an injunction pending the appeal.

Issues

  1. Injunction pending appeal
  2. Respondent's heavy statutory obligations

Reasoning

Respondent's appeal and heavy statutory obligations justify the injunction to prevent interference with the land.

Outcome

Grant of injunction

Orders

  • Injunction restraining Respondent and associated persons from evicting, interfering with, or dealing with the land

Remedies

  • Injunction

Authorities cited

Legislation (3)
  • NEMA Act
  • Mining Act, 2016
  • Explosives Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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