Beba Freight Company Limited v Manji & 3 others (Environment & Land Case E264 of 2024) [2024] KEELC 13365 (KLR) (22 November 2024) (Ruling) Neutral citation: [2024] KEELC 13365 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT & LAND CASE E264 OF 2024 LN MBUGUA, J NOVEMBER 22, 2024 BETWEEN BEBA FREIGHT COMPANY LIMITED .................................................. PLAINTIFF AND BHARAT RAMJI MANJI ................................................................ 1ST DEFENDANT YOUNG MOON CHOI ................................................................... 2ND DEFENDANT LANDMARK FREIGHT SERVICES LIMITED ........................... 3RD DEFENDANT LAND REGISTRAR OF TITLE, NAIROBI ................................. 4TH DEFENDANT RULING 1. On 6.11.2024 the court gave directions for the parties to le submissions in respect of the application dated 2.7.2024 and the matter was given a mention date for 13.2.2025. The applicant however sought for interim orders contending that the application was led under a certicate of urgency, that the applicant has demonstrated that they are the owners of the suit property and that the property stands to be wasted. The Respondents have opposed issuance of any orders at this stage. 2. I nd that when the application dated 2.7.2024 was presented to the court for the very rst time on 3.7.2024, the court must have looked at the said application and did not certify the same as urgent. On the claim that the applicants are the owners of the suit property, I nd that the issue of ownership is contested and cannot be dealt with at this stage. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/13365/eng@2024-11-22 1
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3. Finally, the court has interrogated the orders sought in the application vis a vis the orders sought in the plaint. One of the nal prayers sought in the plaint dated 2.7.2024 (prayer c) reads as follows; “ An order of eviction of the Defendants whether by themselves, their agents and/or servants or any other person claiming under or through them from Plainti property known as Land Reference Number 21068.” 4. It follows that issuance of the orders sought in the application restraining the defendants from entering, trespassing or remaining in the suit property would in essence amount to issuance of some of the major reliefs sought in the plaint before the main trial and even before the application itself is heard. See Daniel Atibu Jasimba V Ainea Sandanyi Magana [2013] eKLR. 5. In the circumstances, the court declines to grant any orders at this stage. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 22ND DAY OF NOVEMBER 2024 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of: Nyangoro, Oketch, Aencha and Okango Mogeni SC for Plainti Applicants Mrs. Amandi holding brief for Eunice Lumalos for 1st and 2nd Defendants Allan Kamau for 4th Defendant Court Assistant: Vena https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/13365/eng@2024-11-22 2
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