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ELCPartially AllowedNot stated in excerpt· [2016] KEELC 631 (KLR)

Ravindra Ratilal Tailor & 3 others v County Government of Uasin Gishu & another [2016] KEELC 631 (KLR)

Environment and Land Court
18 August 2016
435 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court ordered a council to return evicted business premises to their occupants because the eviction happened without a court order, pending a full hearing.

What this practically means

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Executive summary

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This is an interlocutory ruling of the Environment and Land Court at Eldoret delivered on 18th August 2016 by Antony Ombwayo J. The plaintiffs, through counsel Mr. Langat and Mr. G. Otieno, made an oral application seeking access to the premises and restraint of the defendant/respondent's alleged unlawful occupation pending the hearing of the application, following an eviction on 8th August 2016 without notice. Counsel for the respondent, M/s Cheso, objected that the application should be articulated in the notice of motion dated 9th August 2016, the respondents being already in occupation. The court observed that the lease term for LR. Parcel No. ELD Municipality Block 13/22, Eldoret Municipality, Elgon View had expired and the leaseholder had applied to the National Land Commission for renewal; the Commission had invited the applicant to present documents for consideration of the renewal, the Commissioner of Lands had cancelled leases erroneously issued to third parties, and the Municipal Council of Eldoret (the defendant's predecessor) had deferred the renewal application subject to clarification of ownership. The court held that these communications gave the plaintiffs a legitimate expectation of continued occupation pending determination, and that since the respondents had forcefully changed the status quo by evicting the plaintiffs without coming to court, the status quo ante eviction should be maintained. The court ordered the defendant to immediately vacate and the plaintiffs be restored to possession temporarily pending the inter partes hearing.

Key legal issues

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01

Whether the plaintiffs should be restored to possession pending the inter partes hearing

Holding

Yes; the court restored the plaintiffs temporarily and ordered the defendant to vacate

Reasoning

The lease term had expired but the leaseholder had applied for renewal to the National Land Commission, and the Ministry of Lands and the Municipal Council of Eldoret's predecessor had written letters indicating the renewal application was still under consideration. The court found these communications gave the plaintiffs a legitimate expectation of continued occupation. Because the defendants evicted the plaintiffs without notice and without coming to court, they had forcefully changed the status quo, justifying restoration of possession temporarily pending the inter partes hearing of the application.

p. 2
02

Whether the oral application was competent

Holding

The court treated the oral application as seeking maintenance of the status quo ante eviction, notwithstanding the respondent's objection that the matter was already addressed in the notice of motion dated 9th August 2016

Reasoning

Counsel for the respondent submitted that the application should be articulated in the notice of motion dated 9th August 2016 as the respondents were already in occupation. The court nonetheless considered the oral application, found the plaintiffs were seeking restoration of the status quo ante eviction, and granted temporary restoration of possession pending the inter partes hearing of the motion.

p. 2

Legal principles established

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  • Where a party forcefully changes the status quo by evicting another without coming to court, the court may restore the status quo ante eviction pending inter partes hearing
  • Communications from the land authorities indicating a pending renewal application can generate a legitimate expectation of continued occupation pending determination

Court orders

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  1. 1.The plaintiffs are put back in possession of the premises temporarily pending inter partes hearing of the application
  2. 2.The Defendant should immediately vacate the premises and allow the plaintiffs to continue with their business temporarily pending inter partes hearing
Jurisdiction invoked
Not expressly invoked in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ravindra Ratilal Tailor & 3 others v County Government of Uasin Gishu & another [2016] KEELC 631 (KLR)", Case Analysis (2016). Not stated in excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/631/eng@2016-08-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.