Salim v Petro Soko Limited; Ecobank Kenya Limited (Interested Party) (Environment & Land Case E85 of 2024) [2025] KEELC 3894 (KLR) (20 May 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3894
- Citation
- [2025] KEELC 3894 (KLR)
- Decided
- 20 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterim Measures ApplicationPostureAppeal from original trial outcomeCoramFM NJOROGE
Holding
The Court found that the Plaintiff is deserving of an interim measure of protection under Section 7 of the Arbitration Act, 1995 pending arbitration.
Facts
Asha Kamene Salim acquired properties known as LR No. 9122/401 and LR No. 9122/402 on 4/1/2008. She entered into an agreement with Petro Soko Limited to assist her obtain a loan from Ecobank Kenya Limited, but the agreement was not fulfilled.
Issues
- Whether the Plaintiff is deserving of an interim measure of protection under Section 7 of the Arbitration Act, 1995 pending arbitration.
- Whether the Environment and Land Court has jurisdiction to hear the application.
Reasoning
The Court of Appeal in Safaricom Limited v Ocean View Beach Hotel Limited & 2 others [supra] stated that interim measures of protection are necessary to preserve evidence and maintain the status quo pending the outcome of the arbitration proceedings.
Outcome
The application was granted.
Orders
- Pending the hearing and determination of this suit, there be an order of inhibition stopping further dealings, registration and transactions over the parcels of land known as LR No. 9122/401 and LR No. 9122/402.
- Pending the hearing and determination of this suit, there be an injunction restraining the defendant, its servants, agents, employees and/or anyone acting on their authority from trespassing, selling, transferring, or dealing in any way that may change ownership with the parcels of land known as LR No. 9122/401 and LR No. 9122/402.
Remedies
- Costs of this application be provided for.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Land Registration Act
- Arbitration Act
Cases cited (2)
- Mungai Ngaruiya & 8 others v Maha Properties Limited
- Safaricom Limited v Ocean View Beach Hotel Limited & 2 others
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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