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ELCDismissedEnvironment & Land Case 7 of 2022· [2023] KEELC 20887 (KLR)

Ibrahim v Bagajo & 2 others

Environment and Land Court
23 October 2023
PNP.M. Njoroge
541 words in judgment
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The bottom line

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An Isiolo land court dismissed an injunction application because the parties ignored court directions and showed no real urgency, despite filing a certificate of urgency.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Isiolo (P.M. Njoroge, J) on an application dated 23/12/2022 brought by the defendants, supported by the affidavit of the 1st defendant, Hassan Bagajo. The application sought interim injunctions restraining the plaintiff, Abdullahi Abdi Ibrahim, from interfering with the defendants' quiet possession of and trespassing on Plot Number Chechelesi/Isi/117/95/9, both pending the inter-parties hearing of the application and pending determination of the main suit, plus costs. The applicants asserted that the 3rd defendant/applicant was the absolute proprietor of the plot, that the plaintiff had trespassed and attempted to forcefully take possession, and that they would suffer irreparable damage if the orders were not granted. On 19/6/2023 the court directed the parties to file submissions within stipulated times. When the matter came up on 23/10/2023 for mention to confirm filing of submissions and further directions, none of the parties had filed submissions. The court observed that although the application had been brought through a certificate of urgency, the applicants had not evinced any urgency, and that the parties had ignored the court's orders of 19/6/2023. The court dismissed the application, ordered costs to be in the cause, directed the parties to appear for further directions on 20/11/2023, and ordered the applicant to serve the day's orders upon the defendants within 10 days. The dismissal was procedural, not a determination of the injunction merits or the main suit.

Key legal issues

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01

Whether the interim injunction sought should issue

Holding

The application was dismissed for want of prosecution and lack of demonstrated urgency, not on the merits of the injunction test

Reasoning

The parties were directed on 19/6/2023 to file submissions within stipulated times but none complied. The court noted the application had been brought by certificate of urgency yet no urgency was evinced. Rather than determine the injunction principles, the court exercised its discretion to dismiss the application for the applicants' inaction and disregard of court orders.

p. 2

Legal principles established

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  • A party who brings an application by certificate of urgency must demonstrate actual urgency, failing which the application may be dismissed

Court orders

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  1. 1.The application dated 23/12/2022 is dismissed
  2. 2.Costs shall be in the cause
  3. 3.Parties to come to court for further directions on 20/11/2023
  4. 4.Applicant to serve the orders issued by the court today upon the defendants within 10 days of today
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over disputes relating to land (Article 162(2)(b) Constitution; ELC Act) - not expressly stated in the ruling

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, "Ibrahim v Bagajo & 2 others", Case Analysis (2023). Environment & Land Case 7 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20887/eng@2023-10-23

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