Nabaro Kariankei & another v Jane Wambui Kamoye & 3 others [2021] KEELC 1126 (KLR)
- Court
- Environment & Land Court
- Case number
- 1126
- Citation
- [2021] KEELC 1126 (KLR)
- Decided
- 10 November 2021
The court finds the application an abuse of court process and directs an order of status quo pending the hearing and determination of the substantive suit.
Facts
The 1st petitioner is the administrator of the estate of Musana Kariankei. The 1st respondent is Jane Wambui Kamoye, the 3rd respondent is the District Land Registrar Narok, and the 4th respondent is the Chairman of Ogiglai Group Ranch. The dispute involves a parcel of land known as Title No. CIS Mara/Ololulunga/12222.
Issues
- Whether the applicants are entitled to a temporary injunction
- Whether the application is an abuse of court process
Reasoning
The court agrees with the respondent that the issues raised in the application are similar to those in a previous application, which is pending determination before the same court. The court directs an order of status quo as at the time of filing this suit.
Outcome
The application is dismissed and the substantive suit is ordered to proceed.
Orders
- Order of status quo as at the time of filing this suit pending the hearing and determination of the substantive suit
Authorities cited
Legislation (3)
- Article 40 of the Constitution of Kenya 2010
- Law of Succession Act, Cap 160, Laws of Kenya
- Land Registration Act No. 3 of 2012, Laws of Kenya
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