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ELCAllowedNot stated in the judgment· [2016] KEELC 642 (KLR)

Meso Multri-Purpose Society Ltd v Luore Nyairo Company Ltd & another [2016] KEELC 642 (KLR)

Environment and Land Court (High Court)
6 July 2016
EOE. Obaga
832 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed that existing land status quo orders stay in force even after an appeal ends, and police must help enforce them.

What this practically means

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Executive summary

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Luore Nyoiro Company Limited applied by notice of motion dated 14/3/2016 seeking enforcement of court orders issued on 13/1/2010 (originally given on 17/12/2009 by Justice Ombija) maintaining the status quo, and that the OCS Kitale Police Station assist in effecting them. The Applicant claimed the Respondent's members had invaded suitland, erecting structures on the 250 acres the Applicant occupied, and that police had declined to assist on the basis that the order was not directed at them. The Respondent opposed, arguing the application was an abuse of process, that the orders had been overtaken by the Court of Appeal orders of 28/10/2015 (made when the Respondent withdrew its appeal against orders striking out its injunction application and refusing extension of interim orders), and that its members had occupied the land since 1989. The court reviewed the record, including a report by the court's executive officer confirming that the 250 acres were occupied by the Defendant/Applicant before the status quo order. It held that the status quo order was never a subject of the appeal, that the Court of Appeal did not set up a new status quo, and that the order was specific to the 250 acres. The Respondent's members therefore had no basis to enter those acres. The application was allowed as prayed, with police directed to assist, and with costs to the Applicant.

Key legal issues

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01

Whether the Court of Appeal orders of 28/10/2015 overtook the High Court status quo order of 17/12/2009

Holding

They did not; the status quo order remains valid and binding.

Reasoning

The court traced the record: the status quo order of 17/12/2009, informed by a court executive officer's report confirming the Applicant occupied 250 acres, was never a subject of the Respondent's appeal, which was withdrawn. The Court of Appeal maintained status quo and awarded costs without setting up a new status quo; had it done so it would have been expressly stated.

p. 3
02

Whether the Respondent's members were entitled to enter the 250 acres occupied by the Applicant

Holding

They had no basis to enter the 250 acres; the status quo order was specific to those acres.

Reasoning

While the Respondents may occupy part of the 600 acres, the defined status quo recognised the Applicant's occupation of the 250 acres. Entry onto that portion breached the subsisting order, justifying enforcement with police assistance.

p. 3

Legal principles established

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  • An appellate order disposing of an appeal does not displace a status quo order that was not the subject of the appeal.

Court orders

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  1. 1.The court orders issued on 13/1/2010 (maintenance of status quo) be effected
  2. 2.The OCS Kitale Police Station to assist in effecting the said orders
  3. 3.The application is allowed as prayed with costs to the Applicant
Jurisdiction invoked
Original civil jurisdiction of the High Court over the pending suit and enforcement of its own orders (order for maintenance of status quo issued on 13/1/2010)

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, "Meso Multri-Purpose Society Ltd v Luore Nyairo Company Ltd & another [2016] KEELC 642 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/642/eng@2016-07-06

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