County Government of Meru v Mitunguu Market Stores Self Help Group through its Chairman Benard Mugambi & another [2021] KEELC 1986 (KLR)
- Court
- Environment & Land Court
- Case number
- 1986
- Citation
- [2021] KEELC 1986 (KLR)
- Decided
- 22 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Ruling of Hon J.IRURA (PM) in NKUBU ELC NO. 127 of 2018CoramHON. LUCY. N. MBUGUA
Holding
The appeal is dismissed with costs to the 1st respondent.
Facts
The appellant and 2nd respondent were sued by the 1st respondent for an injunction to prevent them from demolishing or interfering with the plaintiff's members' stalls at Mitunguu open air market. The 1st respondent also sought costs and interest.
Issues
- Whether the trial court erred in issuing final orders of injunction over the application dated 6/9/2018
- Whether the trial court erred in condemning the appellant unheard
Reasoning
The trial court's orders were only temporary and subsisting until the determination of the main suit. The appellant was given an opportunity to be heard, and the trial court's decision was based on the overall repercussions of setting aside the orders.
Outcome
Appeal dismissed
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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