County Government of Taita Taveta v Isangaiwich Group Ranch & 3 others [2021] KEELC 1343 (KLR)

Facts

The plaintiff, County Government of Taita Taveta, seeks a temporary injunction against defendants to prevent them from charging, selling, leasing, or further sub-dividing land formally known as Bura/Isangaishi/18 and later subdivided to Bura/Isangaiwishi/18 and Bura/Isangaiwich/19 and Bura/Isangaiwich/20. The defendants have filed a constitutional petition seeking to determine the membership of the ISANGAIWISHI GROUP.

Issues

1. Whether the defendants' application for a temporary injunction should be granted.
2. Whether the constitutional petition should be stayed pending the outcome of this suit.

Reasoning

The court finds no reason to stay the proceedings and dismisses the application for a temporary injunction. The constitutional petition is not stayed as the defendants would have raised their claim in this matter if they so wished.

Outcome

The application for a temporary injunction is dismissed. The constitutional petition is not stayed.

Authorities cited