[2015] KEHC 1252 (KLR)
The court allowed the application for inhibition by consent of the parties, noting that the applicant had demonstrated a risk of irreparable harm if the suit land was disposed of before the suit's determination. The court exercised its discretion under Section 68(1) of the Land Registration Act to preserve the...
Source-derived case information.
- Citation
- [2015] KEHC 1252 (KLR)
- Parties
- Plaintiff: Abdul Rahim Dawood; Defendant: Martha Kithiru; Defendant: Stepen M'Twamwari; Defendant: Margaret M. Nkuene
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 16 of 2011
- Procedural Posture
- Civil Case / Interlocutory Application Ruling
- Outcome
- Application allowed by consent; inhibition order granted.
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Interlocutory Injunctions, Land Disputes, Order 11 Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdul Rahim Dawood
Plaintiff
Martha Kithiru
Defendant
Stepen M'Twamwari
Defendant
Margaret M. Nkuene
Defendant
Procedural Posture
Civil Case / Interlocutory Application Ruling
Legal Issues
- 1 Whether an inhibition order should be issued to restrain dealings with land parcel NTIMA/IGOKI/6761 pending determination of the suit.
- 2 Whether the application should be allowed by consent of the parties.
Ratio Decidendi
The court allowed the application for inhibition by consent of the parties, noting that the applicant had demonstrated a risk of irreparable harm if the suit land was disposed of before the suit's determination. The court exercised its discretion under Section 68(1) of the Land Registration Act to preserve the subject matter of the dispute. The consent of both parties' advocates was recorded, and the court adopted the consent as its order, thereby granting the inhibition to restrain any dealings with land parcel NTIMA/IGOKI/6761 until the suit is determined or further orders are made. The court further directed compliance with Order 11 of the Civil Procedure Rules within sixty days.
Court Disposition
Application allowed by consent; inhibition order granted.
Orders
- An order of inhibition is issued restraining any dealings whatsoever with land parcel NO.NTIMA/IGOKI/6761 until the suit is determined or until further orders of the court.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
CIVIL CASE NO. 16 OF 2011
ABDUL RAHIM DAWOOD...................................................................PLAINTIFF
VERSUS
MARTHA KITHIRU...............................................1ST DEFENDANT/APPLICANT
STEPEN M'TWAMWARI............................................................2ND DEFENDANT
MARGARET M. NKUENE...........................................................3RD DEFENDANT
R U L I N G
This application stated to have been filed under S. 68 (1) Land registration Act seeks orders that:
(a) The Honourable Court do certify this application as extremely urgent and the same be heard ex-parte in the 1st instance, service of the same to be dispensed with in the 1st instance.
(b) The Hon. Court do issue an order for inhibition restraining any dealings whatsoever with land parcel NO.NTIMA/IGOKI/6761 until the suit is determined or until this application is heard and determined or until further orders of this court.
(c) The Hon. Court do make such further orders as may meet the ends of justice.
(d) Cost be borne by the respondent
The application has the following grounds:
That the respondent is in the process of selling all his properties in Meru including the suit land to a third party.
That if the suit land is sold the applicant will suffer irreparably as they shall be evicted from home and where they eke their living.
On 7. 10. 2015, the parties' advocates told the Court that they had by consent agreed to have the application allowed. In the circumstances, the application is allowed.
Costs shall be in the cause.
I direct that all parties do fully comply with Order 11, CPR, within sixty days of today.
Delivered in Open Court at Meru this 7th day of October, 2015 in the presence of:
Cc. Lilian/Daniel
Mutuma for Plaintiff
Manasses Kariuki h/b E. G. Mwangi for Defendant
P. M. NJOROGE
JUDGE