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ELCPartially AllowedEnvironment and Land Appeal E002 of 2023· [2023] KEELC 19293 (KLR)
Roba & 2 others v Huka & 3 others
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is an interlocutory ruling by P.M. Njoroge, J of the Environment and Land Court at Isiolo in Environment and Land Appeal E002 of 2023, delivered on 26 July 2023. The application, dated 18 July 2023 and supported by an affidavit of Guyo Sora Huka Roba (1st appellant), sought dispensation with service on grounds of urgency and an interim order of temporary injunction restraining the respondents, their agents, servants or employees from trespassing on, entering, invading or interfering with the applicants' quiet possession and occupation of LR No Marsabit/Jirme/1401, 1373 and 1427, both pending interparties hearing of the application and pending determination of the suit. The applicants asserted registered ownership and exclusive rights over the parcels and alleged that the respondents had trespassed, erected illegal beacons and structures, and instigated persons (subsequently arrested and charged with forcible detainer) to occupy the lands, conduct said to be a recipe for inter-ethnic violence. Advocate Kaumbi opposed for the respondents. Without setting out detailed reasoning, the court granted leave for a further affidavit within 14 days with liberal reciprocal leave to respond, granted prayer 2 conditionally upon the appellants depositing Kshs 600,00 as security within 14 days failing which the order lapses, directed exchange of written submissions within stipulated periods, and fixed directions for 2 October 2023. No costs order was made and no authorities were cited.
Key legal issues
#01
Interim protection of possession of suit lands pending hearing
Holding
The court granted a conditional interim injunction restraining interference with the suit lands, subject to a security deposit
Reasoning
The applicants asserted registered ownership of the three parcels and alleged trespass, erection of illegal beacons and structures, and instigation of illegal occupation aimed at depriving them of possession and the right to harvest murram and ballast. The respondents opposed through counsel but the ruling records no detailed reasons; the court conditioned the injunction on a security deposit and set a timetable for further affidavits, submissions and directions.
p. 2
Legal principles established
#- An interim injunction may be granted on terms, conditional upon the applicant depositing security in court, failing which the order lapses automatically
Court orders
#- 1.The appellants granted leave to file a further affidavit within 14 days, with parties accorded liberal and open leave to further respond up to 7 days before the next directions date
- 2.Prayer 2 of the application granted on condition that the appellants deposit with the court, as security, the sum of Kshs 600,00 within 14 days, failing which the conditional stay automatically lapses
- 3.Upon filing further affidavits, appellants to file and exchange written submissions within 14 days, and respondents within 14 days after receipt of the appellants' submissions
- 4.Parties to come to court for directions on October 2, 2023
- Jurisdiction invoked
- Environment and Land Court appellate jurisdiction (Environment and Land Appeal E002 of 2023); no specific constitutional or statutory provision cited in the ruling
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Roba & 2 others v Huka & 3 others", Case Analysis (2023). Environment and Land Appeal E002 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/19293/eng@2023-07-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.