Utuqa & 2 others (Suing on Behalf of Alansar Muslim Group) v Chairman (Sued on Behalf of Ramadhan Primary School) (Environment & Land Case E020 of 2021) [2023] KEELC 21055 (KLR) (30 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21055
- Citation
- [2023] KEELC 21055 (KLR)
- Decided
- 30 October 2023
The court granted the plaintiffs' prayers 3, 4, and 5, and ordered the defendant to preserve the status quo pending the hearing and determination of the suit.
Facts
The plaintiffs, representing Alansar Muslim Group, filed an application against the defendant, the chairman of Ramadhan Primary School, seeking an injunction and inhibition orders. The plaintiffs alleged that the defendant had entered the suit land and commenced construction despite an existing case in court, and had also alienated the land and processed title deeds in their names.
Issues
- Whether the court should grant the injunction and inhibition orders sought by the plaintiffs.
- Whether the plaintiffs' submissions were timely filed.
Reasoning
The court found that the plaintiffs had not filed their submissions after the last court date, and that the defendant had entered the suit land and commenced construction despite the existing case. The court concluded that the orders sought by the plaintiffs were merited.
Outcome
The application was granted.
Orders
- Orders of injunction barring the Plainti/Respondents from entering, constructing, drilling or alienating the land subject of the application.
- Orders of inhibition inhibiting any dealings on Isiolo Township Blk1/313 the suit parcel pending the hearing and determination of the suit.
- Preservation of the status quo pending the hearing and determination of the application and suit or until further orders of the court.
Remedies
- Preservation of the status quo pending the hearing and determination of the application and suit or until further orders of the court.
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