Registered Trustees of the Agricultural Society of Kenya v County Government of Kisumu (Land Case E003 of 2025) [2025] KEELC 7528 (KLR) (30 October 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 7528
- Citation
- [2025] KEELC 7528 (KLR)
- Decided
- 30 October 2025
The court finds that the application has merit and allows it, restraining the Defendant/Respondent, its agents, servants or employees from claiming, conducting any activities/events on, leasing, charging, advertising for lease and/or sale, constructing on or in any other manner interfering with the Applicant’s peaceful possession of the parcel of land known as L.R. 18042 (Mamboleo Showground) or any portion thereof pending hearing and determination of the suit.
Facts
The Registered Trustees of the Agricultural Society of Kenya applied for a temporary injunction against the County Government of Kisumu to prevent them from conducting any activities on, leasing, charging, advertising for lease and/or sale, constructing on, or interfering with the Applicant's peaceful possession of the parcel of land known as L.R. 18042 (Mamboleo Showground) or any portion thereof.
Issues
- Temporary injunction to prevent interference with land
- Memorandum of Understanding (MOU) for land use
Reasoning
The court protects the suit property from destruction or wastage and preserves the substratum of the suit, and allows the temporary injunction.
Outcome
The application is granted.
Orders
- Temporary injunction restraining the Defendant/Respondent, its agents, servants or any third parties from interfering with the Applicant's peaceful possession of the parcel of land known as L.R. 18042 (Mamboleo Showground) or any portion thereof.
- Costs of the application to the applicant.
Remedies
- Temporary injunction
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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