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ELCPartially AllowedNot stated in the judgment provided· [2024] KEELC 4439 (KLR)
Kipkorir & another (Suing for and on Behalf of GS Self Help Group) v Tanui & 8 others (Environment & Land Case E047 of 2022) [2024] KEELC 4439 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#A Nakuru court refused a fresh land injunction, instead locking in the existing status quo and ordering an independent site visit before a fast-tracked November hearing.
What this practically means
#Executive summary
#The Defendants/Applicants in a land dispute before the Environment and Land Court at Nakuru sought a temporary injunction restraining the Plaintiff and its members from trespassing on, transferring, advertising for sale, letting, leasing, building on or otherwise interfering with parcels no 118, 120, 121 and 122, being sub-divisions in the proposed sub-division of LR No 482/5 and 482/6, measuring approximately 20 acres of Koyumtich Self-Help Group. Alternatively, they sought maintenance of the status quo over the suit parcels, and an order directing the County Police Commander Nakuru to assist in enforcement. The application was grounded on the 6th Defendant's claim of beneficial ownership and an earlier sale agreement with Winnie Jebichi Boronjo and Caroline Chemtai at Kshs 2,250,000 per acre (Kshs 45,000,000 total), which allegedly failed for non-payment, after which the parcels were sold to the Plaintiff, who was said to be advertising and developing them despite a pending ownership suit. Delivering a short ruling on 30th May 2024, A O Ombwayo J declined to grant a new injunction. Noting that an order of status quo was already on record, the court directed that the status quo on the ground and in the register of the suit properties be maintained pending the hearing of the suit, ordered the Deputy Registrar to visit the suit property within 15 days and file a status report, and fixed the matter for hearing on 20th and 21st November 2024, urging the parties to fast-track the hearing rather than mark time on applications.
Key legal issues
#01
Whether to grant a temporary injunction over the suit land
Holding
The court declined a fresh injunction, instead directing maintenance of the existing status quo on the ground and in the register pending hearing
Reasoning
Having perused the affidavit evidence and rival submissions, the court noted an existing status quo order, made that position explicit in respect of both the ground and the register, and directed a site visit by the Deputy Registrar to secure an independent status report, fixing the matter for expedited hearing.
p. 2
Legal principles established
#- Where a status quo order already exists, parties should pursue expedition of the hearing rather than further interlocutory applications
Court orders
#- 1.The status quo on the ground and in the register of the suit properties at the land registry be maintained pending the hearing of the suit
- 2.The Deputy Registrar to visit the suit property within 15 days and file a status report
- 3.The matter to be heard on 20th and 21st November 2024
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over disputes relating to land; interim relief pending hearing of the suit
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kipkorir & another (Suing for and on Behalf of GS Self Help Group) v Tanui & 8 others (Environment & Land Case E047 of 2022) [2024] KEELC 4439 (KLR)", Case Analysis (2024). Not stated in the judgment provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4439/eng@2024-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.