Saina & another v Saina & another (Environment & Land Case E036 of 2022) [2025] KEELC 4475 (KLR) (11 June 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4475
- Citation
- [2025] KEELC 4475 (KLR)
- Decided
- 11 June 2025
Summary at a glance
Facts
The applicants seek a temporary order allowing them to cultivate 30 acres of Title No. Kitale Municipality No. 2217/3 during the planting season and to have the County Land Registrar demarcate 30 acres from the larger Title No. Kitale Municipality No. 2217/3 for cultivation. The 1st defendant opposes the application, alleging that the applicants seek land that does not exist and that the application is frivolous, vexatious, lacking merits, and an abuse of the court process.
Issues
- Temporary injunction for cultivation of land
- Demarcation of land for cultivation
- Specific performance for enabling environment
Reasoning
The court finds the application frivolous, vexatious, and lacking merit due to the existence of an ongoing proceeding over the estate and the concealment of material facts. The court also notes that the applicants have not demonstrated irreparable loss and damage and the balance of convenience.
Outcome
Application dismissed with no order as to costs
Orders
- Inhibitory orders for the Land Registrar to inhibit any dealings over the resultant titles to the conversion of former LR No. 2217/3
Remedies
- Maintenance of status quo
Authorities cited
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