U-Haul Vehicle Ltd v Kiambu Dandora Farmers Co. Ltd & 5 others (Environment and Land Case Civil Suit 39 of 2019) [2022] KEELC 3108 (KLR) (27 June 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3108
- Citation
- [2022] KEELC 3108 (KLR)
- Decided
- 27 June 2022
The court found that the OCS failed to comply with the order of November 26, 2020, and ordered the OCS to provide security to the plaintiff.
Facts
The plaintiff, U-Haul Vehicle Ltd, filed an interlocutory application seeking a temporary injunction against the 1st defendant, Kiambu Dandora Farmers Co. Ltd, to prevent interference with the plaintiff's possession and enjoyment of land parcels LR No 209/9466 and LR No 209/9467. The court issued an order on November 26, 2020, requiring the OCS to provide security to the plaintiff in case of further demolition of structures on the suit properties.
Issues
- Whether the OCS disobeyed the court order of November 26, 2020
Reasoning
The court considered the evidence and held that the OCS did not provide security as required by the court order, despite being aware of the order and its terms.
Outcome
OCS ordered to provide security to the plaintiff
Orders
- Ordering the OCS to provide security to the plaintiff
Authorities cited
Legislation (1)
- National Police Service Act, 2011
Cases cited (4)
- Hadkison v Hadkinson (1952) All ER 567
- Mwangi HC Wangondu v Nairobi City Commission (1998) Civil Appeal No 95
- Mutitika v Baharini Farm Ltd (1985) KLR 227
- Basil Criticos v Attorney General & 4 others (2012) eKLR
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