Pius Watene D Maina (suing for and on behalf of the Baptist Convention of Kenya v Director General Kenya Urban Roads Authority & 5 others [2020] KEELC 2289 (KLR)
The bottom line
#Kenya's land court blocked a roads authority from touching a Chuka church's land after its building was demolished, protecting registered owners facing compulsory acquisition.
What this practically means
#Executive summary
#Key legal issues
#Whether a temporary injunction should issue restraining the defendants from entering or occupying the plaintiff's land
Prayer 2 granted unopposed; the court found the applicant would suffer irreparable damage absent the injunction and that the defendants sought to interfere with the land without due process
The court heard the applicant's counsel, who relied on the grounds on the face of the application and the supporting affidavit sworn on 21 May 2020. Counsel submitted irreparable damage and want of due process on compulsory acquisition. The defendants, though properly served with the hearing notice, did not attend, so the application proceeded unopposed and the court granted the temporary injunction and the security order.
Whether the survey report and beacons should be adopted as the court's determination of the boundary
Refused at the interlocutory stage as the prayer was framed in final terms; left for the full hearing
Counsel for the applicant himself conceded that prayer 3 sought a final order and elected to pursue only prayer 2 at the interlocutory stage. The court thereby confined itself to interim relief, preserving the boundary question for trial.
Legal principles established
#- Prayers framed as final orders should not be granted at the interlocutory stage and must await final determination of the suit
- An application may proceed to be heard ex parte where defendants, though properly served, fail to appear
Court orders
#- 1.This application is deemed heard and determined
- 2.Prayers 2 and 4 are granted (temporary injunction restraining the defendants from entering or occupying LR KARINGANI/NDAGANI/594, and OCS Chuka Police Station to provide security in enforcement of the orders)
- 3.The plaintiff to serve the orders issued by the court contained in the ruling upon the defendants within 10 days
- 4.The plaintiff to fully comply with Order 11, CPR within 21 days and the defendants to do so within 21 days after receipt of the plaintiff's compliance documents
- 5.Parties to come to court on 29.9.2020 to take a mutually convenient hearing date
- 6.This ruling does not affect the validity of any orders granted in Chuka CMCC ELC No. 9 of 2020
- Jurisdiction invoked
- Articles 40 and 64 of the Constitution; Sections 3 and 3A of the Civil Procedure Act; Sections 24, 25, 26 and 28 of the Land Registration Act, 2012; Order 40 Rule 1 and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pius Watene D Maina (suing for and on behalf of the Baptist Convention of Kenya v Director General Kenya Urban Roads Authority & 5 others [2020] KEELC 2289 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2289/eng@2020-06-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.