Isiolo Printing Press v Robe Godana & 3 others [2016] KEELC 83 (KLR)
The bottom line
#A Kenyan court stopped quarrying and construction on Isiolo land worth disputing, showing properly served parties can win orders even when opponents skip or delay hearings.
What this practically means
#Executive summary
#Key legal issues
#Whether the interpartes hearing could proceed despite the 2nd Defendant's request for adjournment
The court found service had been effected and no reason justified an adjournment, so the applicant was allowed to prosecute the application
The plaintiff's counsel confirmed all respondents had been served with a hearing notice for 07/12/2016. The court was satisfied service was proper and that no reason had been proffered to justify postponement. In the absence of a satisfactory reason, the application was deemed heard and concluded, protecting the applicant's right to have the motion determined.
Whether the temporary injunction, setting aside of consent, and leave to amend should issue
The court found the application meritorious on consideration of submissions and the affidavit materials and granted prayers 3, 4, 5 and 6
The applicant asserted ownership of land parcel No. 7918/558 Isiolo Town under a subsisting 99-year leasehold and alleged illegal invasion, quarrying and construction by the defendants. The court, upon consideration of submissions and perusal of the proceedings and affidavit material, concluded the application was meritorious and granted the injunction, reinstatement of the 2nd Defendant and leave to amend the plaint.
Legal principles established
#- Where respondents are properly served with a hearing notice and no satisfactory reason is proffered, the court may proceed to hear the application in their absence
Court orders
#- 1.Orders granted in terms of prayers 3, 4, 5 and 6 of the Notice of Motion dated 23/11/2016
- 2.Temporary injunction restraining the defendants jointly and severally from further excavations, quarrying, cultivation, constructions, fencing, digging, depositing building material, selling and/or otherwise interfering with land parcel No. 7918/558 Isiolo Town until the suit is heard and determined
- 3.That the orders issued be served upon the O.C.S Isiolo Police Station and/or the enforcement officer, Isiolo County Government to ensure compliance
- 4.The consent dated 11th November, 2015 and all consequent orders set aside and Isaiah Kobia reinstated as the 2nd Defendant
- 5.Leave granted to the plaintiff to amend the plaint in terms of the draft amended plaint
- 6.Costs shall be in the cause
- Jurisdiction invoked
- Not expressly stated; interlocutory application under the Civil Procedure regime in a pending civil suit
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Isiolo Printing Press v Robe Godana & 3 others [2016] KEELC 83 (KLR)", Case Analysis (2016). Not stated in the judgment (pending civil suit in respect of the suit land). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/83/eng@2016-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.