Utuqa & 2 others (Suing on Behalf of Alansar Muslim Group) v Chairman (Sued on Behalf of Ramadhan Primary School) [2023] KEELC 21055 (KLR)

Utuqa & 2 others (Suing on Behalf of Alansar Muslim Group) v Chairman (Sued on Behalf of Ramadhan Primary School) (Environment & Land Case E020 of 2021) [2023] KEELC 21055 (KLR) (30 October 2023) (Ruling)

Neutral citation: [2023] KEELC 21055 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Case E020 of 2021

PM Njoroge, J

October 30, 2023

Between

Salat Fillo Utuqa

1st Plaintiff

Salat Molu Dida

2nd Plaintiff

Abdullahi Guyo Dida

3rd Plaintiff

Suing on Behalf of Alansar Muslim Group

and

The Chairman (Sued on Behalf of Ramadhan Primary School )

Respondent

Ruling

1. This application is dated 27th September, 2022 and seeks the following orders;1. That the Honourable court be pleased to certify this application as urgent and heard ex-parte the first instance.2. That service of this application be dispensed with in the first instance.3. That this court issues orders of injunction barring the Plaintiff/Respondents from in anyway, entering, constructing, drilling or in any way alienating the land subject of this application.4. That this court issues orders of inhibition inhibiting any dealings on ISIOLO TOWNSHIP BLK1/313 the suit parcel pending the hearing and determination of this suit.5. That it is necessary to preserve the status quo pending the hearing and determination of this application and suit or until further orders of the court.6. That unless an order of injunction herein is granted, the Applicant will suffer irreparably.7. That cost of this application be in the cause.

2. The application has inter alia, the following grounds;1. That the Plaintiff/Respondent on the 21st September, 2022 entered into the suit land and commenced construction in spite of this existing case in court.2. That the Plaintiff/Respondent has also during the pendency of this suit gone ahead to alienate the land and have title deed processed in their names and favour to defeat any likely outcome of this suit.3. On 10th July, 2023 the court gave orders that the Respondent/Plaintiff files and serves submissions within 21 days after receipt of the applicant’s submissions.4. On 18th September, 2023 advocate Ms Nyasani informed the court that all the parties had filed submissions and asked the court to fix a ruling date. She told the court that the Plaintiff’s submissions were filed in the month of June, 2023. A perusal of the court file shows that the plaintiffs did not file submissions.5. Upon a careful perusal of the court file, it is clear that the plaintiff had not filed any submissions after 10/7/2023 when the matter was last in court.6. I have perused the Defendant/Applicant’s submissions. I am persuaded that the orders sought by the applicant, a public primary school are merited. In the circumstances,I issue the following orders;1. Prayers 3, 4, and 5 in the application are hereby granted.2. Costs shall be in the cause.

DELIVERED IN OPEN COURT AT ISIOLO THIS 30TH DAY OF OCTOBER, 2023 IN THE PRESENCE OF:Miss Nyasani holding brief for Zainab Jirma for the RespondentOther parties absent.HON. JUSTICE P.M NJOROGEJUDGE