Ali Abdi Ali v Rhine Forwarders Ltd & 2 others [2020] eKLR Case Summary

Court
Environment and Land Court at Machakos
Category
Civil
Judge(s)
O. A. Angote
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Ali Abdi Ali v Rhine Forwarders Ltd & 2 others [2020] eKLR


1. Case Information:
- Name of the Case: Ali Abdi Ali (Chairman suing on behalf of Kaloleni Welfare Society) v. Rhine Forwarders Ltd & Sammy Muthusi (Chairman, Makime Self Help Group)
- Case Number: ELC. CASE NO. 113 OF 2019
- Court: Environment and Land Court at Machakos
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): O. A. Angote
- Country: Kenya

2. Questions Presented:
The court must resolve whether the orders given on 29th October 2019 authorized the demolition of the 1st Defendant’s houses on the suit property and whether an injunction should be issued to restrain the Plaintiff from demolishing the houses or evicting the 1st Defendant and its members pending the hearing of the suit.

3. Facts of the Case:
The Plaintiff, Ali Abdi Ali, representing the Kaloleni Welfare Society, initiated the suit against the 1st Defendant, Rhine Forwarders Ltd, and the 2nd Defendant, Sammy Muthusi. The dispute centers around the ownership and occupation of land parcel L.R No. 31990 (formerly UNS Agricultural Plot No. "D") in Athi River. The Plaintiff claims that the land belongs to the Kaloleni Welfare Society and that the Defendants were unlawfully occupying it. The case escalated when the Plaintiff alleged that the Defendants, in contempt of a court order, engaged in demolitions and evictions of members from the suit property.

4. Procedural History:
The Plaintiff filed an application for injunctive relief on 18th October 2019, which resulted in a temporary injunction being granted on 29th October 2019, restraining the Defendants from interfering with the suit property. This injunction was initially set to last until 27th February 2020 but was extended to 16th June 2020. The 1st Defendant subsequently filed an application on 15th June 2020, seeking to clarify the court’s orders and to restrain the Plaintiff from demolishing their houses.

5. Analysis:
- Rules: The court considered the provisions of the Civil Procedure Act and Rules, particularly Order 40, and relevant sections of the Land (Amendment) Act, 2016, which govern eviction processes and the rights of individuals occupying land.
- Case Law: The court referenced the case of *Kenya Breweries Ltd & Another v. Washington O. Okeyo* [2002] eKLR, which discusses the criteria for granting mandatory injunctions, emphasizing that such injunctions should only be granted in clear cases or where immediate action is necessary.
- Application: The court found that the orders issued on 29th October 2019 did not authorize the demolition of any structures on the suit property. It ruled that the Defendants should have sought a variation of the orders if they believed they were entitled to occupy the land. Consequently, the court dismissed the 1st Defendant's application for lack of merit.

6. Conclusion:
The court ruled in favor of the Plaintiff, confirming that the earlier injunction did not permit the demolition of the 1st Defendant's houses. The court emphasized that the Defendants should have sought proper legal recourse to challenge the injunction if they believed it was unjust. The ruling underscored the importance of adhering to court orders and the legal processes governing eviction.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The Environment and Land Court at Machakos ruled against the 1st Defendant's application, affirming that the temporary injunction did not authorize any demolition of structures on the suit property. This case highlights the legal complexities surrounding land ownership and eviction procedures in Kenya, reinforcing the need for compliance with judicial orders and the proper legal channels for addressing disputes.

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