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ELCOtherNot stated in the judgment· [2020] KEELC 305 (KLR)

Margaret Mukonatho v Attorney General & 4 others [2020] KEELC 305 (KLR)

Environment and Land Court
15 December 2020
PNP. M. Njoroge
583 words in judgment
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The bottom line

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A Kenyan court refused to evict a land occupier before the main case was heard, ruling that eviction cannot be granted as a shortcut before both sides are heard.

What this practically means

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Executive summary

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This is an ex parte interlocutory ruling delivered by P. M. Njoroge, J, at Chuka on 15th December 2020, in a pending suit over land parcel No. 2411 Githuu Adjudication Section. The applicant, Margaret Mukonathu, sought orders evicting the respondent/defendant from the suit land, an order compelling him to demolish a building under construction, and an order directing the O.C.S. Mikinduri Police Station to implement the eviction. She alleged that the defendant was continuing construction on the suit land 'violently' while the main suit was pending, and that she was suffering irreparable loss. The application was supported by an undated affidavit filed on 11th December 2020. The hearing proceeded ex parte in chambers owing to Covid-19 concerns. The court noted that on 21st October 2020 Lady Justice Mbugua (ELC, Meru) had declined eviction orders because such orders would amount to granting final relief before the suit was heard and determined. Njoroge J declined to speculate on whether the demolition prayer fell in the same category. Rather than determine the application, the court directed the applicant to serve it on the respondents within 10 days and fixed it for inter partes hearing before Lady Justice Mbugua on 21st January 2021, and directed the applicant to obtain a copy of the Meru ruling. No costs order was made. The ruling is a case-management decision, not a final determination of the claims.

Key legal issues

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01

Whether eviction orders may be granted ex parte before the main suit is heard

Holding

The court declined to decide, noting that a fellow judge had previously refused eviction orders as amounting to premature final relief, and directed the application be heard inter partes

Reasoning

The court observed that Justice Mbugua, on 21st October 2020, had declined eviction orders because they would amount to final orders before the suit is heard. Rather than speculate whether prayer 2 fell in the same category, the judge chose to have the same judge who has handled the matter hear the application inter partes after service on the respondents, protecting the respondents' right to be heard.

p. 2

Legal principles established

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  • A court should not grant eviction orders at an interlocutory stage where such orders would amount to giving final relief before the suit is heard and determined

Court orders

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  1. 1.The applicant to serve this application upon the respondents within 10 days
  2. 2.The application to be heard inter partes by the Hon. Lady Justice Mbugua, ELC Judge at Meru, on 21st January, 2021
  3. 3.Applicant to obtain a copy of the ruling at Meru Law Courts
Jurisdiction invoked
Not expressly stated; the court exercised its interlocutory jurisdiction over a pending suit concerning land parcel No. 2411 Githuu Adjudication Section

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, "Margaret Mukonatho v Attorney General & 4 others [2020] KEELC 305 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/305/eng@2020-12-15

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