Rotich v Cheruiyot & 4 others (Environment & Land Case E006 of 2023) [2024] KEELC 1195 (KLR) (7 March 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1195
- Citation
- [2024] KEELC 1195 (KLR)
- Decided
- 7 March 2024
Summary at a glance
TypeInterlocutory InjunctionPostureApplication for Interlocutory Injunction DismissedCoramMC OUNDO
The application for interim injunction is dismissed due to the Plaintiff's failure to comply with the court's order to file written submissions.
Facts
The Plaintiff, Samuel Rotich, sought an interim injunction against the Respondents to restrain them from interfering with his quiet use, occupation, and possession of Part B of Plot No. 38, measuring 0.346 hectares. The Plaintiff claimed ownership of the land based on an unauthenticated map, which he had since discarded.
Issues
- Application for Interlocutory Injunction
- Ownership of Land
Reasoning
The Court dismissed the application for interim injunction due to the Plaintiff's failure to comply with the court's order to file written submissions. The court also considered the Plaintiff's lack of interest and seriousness in prosecuting the matter.
Outcome
Application dismissed
Orders
- Interim injunction against the Plaintiff's application dismissed
Authorities cited
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