Rutere & 34 others v Muthithi Investment Limited & 3 others; Inspector General of Police & 3 others (Interested Parties) (Environment & Land Petition 21 of 2019) [2023] KEELC 817 (KLR) (26 January 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 817
- Citation
- [2023] KEELC 817 (KLR)
- Decided
- 26 January 2023
Summary at a glance
TypePetition for InjunctionPostureAppeal from a previous ruling on an injunction applicationCoramJudy Omange
The application for injunction is dismissed with costs to the 1st Respondents. The application for security for costs is dismissed.
Facts
The petitioners seek an injunction to prevent the 1st Respondents from evicting, demolishing, or interrupting their possession of land. The 1st Respondent seeks an order for the petitioners to deposit Kshs 18 million as security for costs.
Issues
- Res judicata
- Injunction application
- Security for costs
Reasoning
The application for injunction is dismissed as res judicata due to a previous ruling. The court finds that the petitioners' actions are not aimed at frustrating the 1st Respondent's enjoyment of his judgment.
Outcome
Both applications dismissed
Orders
- Petitioners' application for injunction dismissed with costs to the 1st Respondents
- 1st Respondents' application for security for costs dismissed
Authorities cited
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