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SIC Investment Co-operative Society Limited (Formerly Safaricom Investment Co - operative Society Limited) v Ramadhanjao & 12 others (Environment and Land Case E077 of 2024) [2025] KEELC 7245 (KLR) (15 October 2025) (Ruling)

[2025] KEELC 7245 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
7245
Citation
[2025] KEELC 7245 (KLR)
Decided
15 October 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTemporary InjunctionPostureAppeal from the original trialCoramLL NAIKUNI
Holding

The Court granted the temporary injunction.

Facts

SIC Investment Co-operative Society Limited filed a Notice of Motion application for a temporary injunction due to the subdivision of land titled LR No Kwale/Ngombeni/1426 into 96 sub parcels.

Issues

  1. Whether the Plaintiff met the criteria for the grant of a temporary injunction.
  2. Whether the OCS Kwale Police Station should ensure compliance with the order for temporary injunction.

Reasoning

The Court held that the Plaintiff met the criteria for the grant of a temporary injunction based on the principles of Preponderance of Probabilities and the balance of Convenience.

Outcome

The application was found to be meritorious and allowed.

Orders

  • Order 1: The Notice of Motion application dated 13th November, 2024 be and is hereby found to be meritorious and thus allowed as prayed.
  • Order 2: The OCS Kwale Police Station directed to ensure compliance with Order 1.
  • Order 3: Pre-Trial Conference on 8th December, 2025.
  • Order 4: Hearing on 14th April, 2026.
  • Order 5: Costs to be awarded to the Plaintiff.

Remedies

  • Temporary injunction

Authorities cited

Legislation (2)
  • Articles 40, 159 (2) of the Constitution of Kenya, 2010
  • Sections 1A, 1B, 3A and 63 (c) & (e) of the Civil Procedures Act, Cap. 21 of the Laws of Kenya
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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