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ELCDismissedNot stated in the judgment· [2018] KEELC 3698 (KLR)

Fredrick W. Barasa & 3 others v Farm Manager - Kitale Main Prison & 2 others [2018] KEELC 3698 (KLR)

Environment and Land Court
25 April 2018
MNMwangi Njoroge
330 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kitale court refused temporary injunctions over land inside Kitale Prisons, letting all parties use the land until a full trial settles ownership.

What this practically means

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Executive summary

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The Environment and Land Court at Kitale (Mwangi Njoroge, J) delivered a ruling on two applications dated 13/10/2017 and 17/11/2017, both brought by the plaintiffs seeking injunctions to restrain the defendants from utilizing or interfering with parcels of land known as Kapkoi/Mabonde Block 1/Ex Prison/496, 474, 475, 478, 495, 597 and 498. Before submissions, the court on 31/1/2018 directed the Deputy Registrar to visit the disputed land and file a report; she did so on 22/2/2018. The report showed that the suit land is accessible only through the main gate to the Kitale Main Prisons, a high-security institution, and comprises an orchard under the cultivation of the Prisons Department, used for training convicts in grafting mangoes and avocados and maintained by the Kitale Main Prisons. Taking judicial notice of the sensitive nature of prisons, and noting that the first and second defendants are in possession of the land, the judge held it unnecessary to grant the injunctions sought at that stage. The court reasoned that the parties should ventilate their cases on their merits and obtain a final adjudication of their rights. The court accordingly discharged all previous injunctive orders issued against the defendants and directed the parties to fix the main suit for hearing on the merits. No costs order was made. The ruling is interlocutory in nature; the substantive dispute remains to be determined at trial.

Key legal issues

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01

Whether to grant injunctions restraining the defendants from utilizing or interfering with the suit land pending trial

Holding

The injunctions sought were refused and all previous injunctive orders against the defendants were discharged, so the suit could proceed to full hearing on the merits.

Reasoning

The court considered the Deputy Registrar's site visit report of 22/2/2018, which showed the suit land is accessible only through the main gate to the Kitale Main Prisons, a high-security institution, and is an orchard under the Prisons Department's cultivation used for training convicts in grafting mangoes and avocados. Given the sensitivity of the institution and the defendants' possession of the land, the court found interim injunctive relief unnecessary and preferable to let the parties litigate to a final decision.

p. 1

Legal principles established

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  • Where the suit land is within a sensitive/high-security institution and the defendants are in possession, interlocutory injunctions may be refused so that the parties ventilate their cases on the merits and obtain a final adjudication of their rights.

Court orders

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  1. 1.All previous injunctive orders issued by the court against the defendants in this matter are discharged
  2. 2.The parties are required to fix the main suit for hearing on the merits
Jurisdiction invoked
Not stated in the judgment; Environment and Land Court original jurisdiction over land disputes

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, "Fredrick W. Barasa & 3 others v Farm Manager - Kitale Main Prison & 2 others [2018] KEELC 3698 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3698/eng@2018-04-25

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