Mosiara Trading Company Limited v Attorney General & 4 others [2020] eKLR Case Summary

Court
Environment and Land Court at Nairobi
Category
Civil
Judge(s)
E.O. Obaga
Judgment Date
October 01, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Mosiara Trading Company Limited v Attorney General & 4 others [2020] eKLR, detailing key legal principles and outcomes relevant to trade and government accountability.'

Case Brief: Mosiara Trading Company Limited v Attorney General & 4 others [2020] eKLR

1. Case Information:
- Name of the Case: Mosiara Trading Company Limited v. The Attorney General & Others
- Case Number: ELC Number 514 of 2018
- Court: Environment and Land Court at Milimani
- Date Delivered: 1st October 2020
- Category of Law: Civil
- Judge(s): E.O. Obaga
- Country: Kenya

2. Questions Presented:
The central legal issue in this case is whether the Applicant, Mosiara Trading Company Limited, has established sufficient grounds for the court to grant an injunction to prevent the Respondents from interfering with the Applicant's property, LR No. 209/12227, pending the determination of the case.

3. Facts of the Case:
Mosiara Trading Company Limited is the registered owner of the property known as LR No. 209/12227. The Applicant had previously constructed a building on this land, which was demolished on the grounds that it was located on riparian land. The Applicant filed a suit claiming that the demolition was unconstitutional and sought compensation. The director of the Applicant reported that individuals had been seen on the property with equipment and materials, allegedly sent by the second Respondent, indicating potential further interference with the property.

4. Procedural History:
The Applicant filed a notice of motion on 12th May 2020 seeking an injunction against the Respondents to prevent them from interfering with the property. The application was opposed by the 1st and 2nd Respondents, who argued that the claims were based on hearsay and lacked concrete evidence of trespassing. The court considered the submissions of both parties and focused on whether the Applicant had made a case for the injunction.

5. Analysis:
- Rules: The court referred to the principles for granting an injunction established in Giella v. Cassman Brown & Co. Ltd (1973) EA 358, which requires the Applicant to demonstrate a prima facie case, the likelihood of suffering irreparable harm, and a balance of convenience.
- Case Law: In Giella v. Cassman Brown & Co. Ltd, the court established the criteria for injunctions, which the current case references to assess the merits of the Applicant's request. The principles laid out in this precedent guided the court's evaluation of the Applicant's claims and the evidence presented.
- Application: The court found that the Applicant did not provide sufficient evidence of interference with the property. The affidavit supporting the application relied on hearsay and lacked concrete proof of any ongoing or imminent infringement. As the Applicant could seek compensation for any infringement through the existing suit, the court concluded that an injunction was unnecessary.

6. Conclusion:
The court ruled against the Applicant, finding that the application for an injunction lacked merit and was dismissed with costs awarded to the 1st and 2nd Respondents. This decision underscores the importance of providing substantive evidence when seeking injunctive relief.

7. Dissent:
There were no dissenting opinions noted in this ruling, as it was a singular judgment by Judge E.O. Obaga.

8. Summary:
The Environment and Land Court dismissed Mosiara Trading Company Limited's application for an injunction against the Respondents, determining that the Applicant failed to demonstrate sufficient grounds for the request. The ruling emphasizes the necessity of concrete evidence in civil proceedings, particularly in cases involving property rights and potential interference. The decision may have broader implications for property owners seeking legal protection against perceived infringements.

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