Sang & 4 others v Singoei & 2 others (Environment and Land Appeal E009 of 2024) [2024] KEELC 13550 (KLR) (18 November 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 13550
- Citation
- [2024] KEELC 13550 (KLR)
- Decided
- 18 November 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land AppealPostureAppeal from a decision to strike out an application for a temporary injunctionCoramE. O. OBAGA
Holding
The application dated 6.03.2024 is not merited and is hereby struck out with costs to the 1st Respondent
Facts
The applicants sought a temporary injunction to restrain the respondents from dealing with land parcel LR No. 6447 Siliboi 'a' Olare Burnt Forest pending the hearing and determination of the appeal. The land was split into two groups and managed separately.
Issues
- Whether the applicants have met the requirements for the grant of a temporary order of injunction
- Whether the instant application will have the potential of disposing of the substantive appeal at an interlocutory stage
Reasoning
The court found that the application is similar to one previously dismissed in the trial court and that determining the application on temporary injunction could dispose of the substantive appeal at an interlocutory stage.
Outcome
The application is struck out with costs to the 1st Respondent
Orders
- The application is struck out with costs to the 1st Respondent
Authorities cited
Legislation (1)
- Environment and Land Court Act, 2015
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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