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ELCPartially Allowed· [2020] KEELC 2494 (KLR)

Elias Micheni Mugo v Kenya Urban Roads Authority (Kura) & 5 others [2020] KEELC 2494 (KLR)

Not stated in the judgment (delivered at Chuka; presided over by a Judge)
22 May 2020
PNP. M. Njoroge
1,530 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Chuka court temporarily stopped road construction affecting a Chuka plot owner's property, pending a hearing where both sides will argue the boundary dispute.

What this practically means

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Executive summary

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This is an interlocutory decision delivered at Chuka on 22nd May 2020 by P. M. Njoroge J. The applicant, Elias Micheni Mugo, moved the court by notice of motion dated 20th May 2020 under certificate of urgency. He claims ownership of Plot No. 26 A 2 Chuka Township measuring 20 feet by 60 feet, on which he pays land rates to the 2nd and 3rd respondents. He depones that on 18th February 2020 D. Nderitu, an agent of the 1st respondent, issued a notice for demolition of a 20 feet by 20 feet portion of the plot on the basis that it lies on the 'Moi Girls road' reserve, and that on 4th April 2020 the 4th and 5th respondents, at the instance of the 1st respondent, demolished and destroyed that portion, with loss assessed by Roma Valuers at Ksh. 7,993,253.60. The applicant contends there is an 11-metre wide road space and that his plot is not on the road reserve, and sought interim injunctions restraining road construction affecting the plot, an order for the district surveyor to establish the road boundaries vis-à-vis the plot, service of orders on the OCS Chuka Police Station, and costs. At the interlocutory stage the court certified the matter urgent, granted prayers 2 and 5 ex parte, and set the matter for inter partes hearing on 2nd June 2020. The remaining prayers, including the survey order, were left for the inter partes hearing. No costs order was made and no authorities were cited.

Key legal issues

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Urgency certification and ex parte interim relief

Holding

The court certified the matter urgent and granted prayers 2 and 5 ex parte, restraining construction affecting Plot No. 26 A 2 Chuka Township and directing service on the OCS Chuka Police Station, pending inter partes hearing on 2nd June 2020

Reasoning

The application was brought under certificate of urgency arising from a bona fide boundary dispute: the applicant asserts ownership of Plot No. 26 A 2 Chuka Township measuring 20 feet by 60 feet, while the 1st respondent contends that a 20 feet by 20 feet portion lies on the 'Moi Girls road' reserve. Part of the plot was allegedly demolished on 4th April 2020, with loss estimated at Ksh. 7,993,253.60. The court preserved the position by granting the interim injunction and service-on-OCS prayers, deferring the survey and full-suit injunction prayers to the inter partes hearing.

p. 3

Legal principles established

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  • At an ex parte/interlocutory stage, a court may grant urgent interim injunctive relief limited to specific prayers pending the inter partes hearing

Court orders

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  1. 1.Matter certified urgent
  2. 2.Prayer 2 granted ex parte - interim injunction restraining the respondents, their agents, servants or persons acting at their behest from constructing 'Moi Girls road' or any other road within Chuka township affecting Plot No. 26 A 2 Chuka Township pending inter partes hearing of the application
  3. 3.Prayer 5 granted - the orders to be served upon the OCS Chuka Police Station for compliance
  4. 4.Inter partes hearing set for 2nd June, 2020
Jurisdiction invoked
Not stated in the judgment; application brought under certificate of urgency seeking interlocutory injunctive relief

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, "Elias Micheni Mugo v Kenya Urban Roads Authority (Kura) & 5 others [2020] KEELC 2494 (KLR)", Case Analysis (2020). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2494/eng@2020-05-22

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