Chairman Board of Trustees Ndalu Mosque & another v Martin Mabele & 2 others [2020] KEELC 3228 (KLR)
- Court
- Environment & Land Court
- Case number
- 3228
- Citation
- [2020] KEELC 3228 (KLR)
- Decided
- 20 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction DismissalPostureAppeal from a ruling granting interlocutory injunctionsCoramMWANGI NJOROGE, OMOLLO, What OMOLLO
Holding
The plaintiffs' Notice of Motion is dismissed as it is devoid of merits and the interlocutory injunctions have lapsed.
Facts
The plaintiffs sought to restrain the defendants from demolishing a mosque and to grant unrestricted access to the mosque for religious ceremonies. The defendants were granted interlocutory injunctions pending trial.
Issues
- Whether the plaintiffs' Notice of Motion was timely
- Whether the granted interlocutory injunctions should be enforced
Reasoning
The interlocutory injunctions were granted under Order 8 Rule 3 of the Civil Procedure Rules and lapsed after 12 months. The plaintiffs' motion was premised on Order 8 Rule 3, which is not applicable for interlocutory injunctions.
Outcome
Dismissed
Authorities cited
Legislation (5)
- Order 8 Rule 3 of the Civil Procedure Rules
- Order 40 Rule 6 of the Civil Procedure Rules
- ERICK KIMINGICHI WAPANG’ANA & ANOTHER .V. EQUITY BANK LTD & ANOTHER [2015 eKLR]
- HALBURY LAWS OF ENGLAND 4TH EDITION
- HELLEN MUKAMI .V. DORINA ATIENO AMOLLO & ANOTHER 2017 eKLR
Cases cited (3)
- ERICK KIMINGICHI WAPANG’ANA & ANOTHER .V. EQUITY BANK LTD & ANOTHER [2015 eKLR]
- HALBURY LAWS OF ENGLAND 4TH EDITION
- HELLEN MUKAMI .V. DORINA ATIENO AMOLLO & ANOTHER 2017 eKLR
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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