[2014] KEHC 6704 (KLR)
The court found that, given the conflicting claims regarding occupation and ownership of the four acres in question, and the existence of sale agreements annexed by the applicant, it was appropriate to preserve the status quo pending the hearing and determination of the succession cause. The applicant's claim...
Source-derived case information.
- Citation
- [2014] KEHC 6704 (KLR)
- Parties
- Objector: Adrane Musonye Shibisi; Petitioner: Charles Malanga Chivuli
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 888 of 2010
- Procedural Posture
- Succession Cause / Interlocutory Application (injunction)
- Outcome
- interlocutory injunction granted; status quo to be maintained
- Judges
- SJ Chitembwe
- Legal Topics
- Injunctions, Status Quo Orders, Succession Disputes, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adrane Musonye Shibisi
Objector
Charles Malanga Chivuli
Petitioner
Procedural Posture
Succession Cause / Interlocutory Application (injunction)
Legal Issues
- 1 Whether the applicant is entitled to an injunction restraining the petitioner and other beneficiaries from dealing with four acres out of plot number N/KABRAS/MALAVA/1261 pending determination of the succession cause.
- 2 Whether the applicant has established a prima facie claim to the four acres allegedly purchased from the deceased.
Ratio Decidendi
The court found that, given the conflicting claims regarding occupation and ownership of the four acres in question, and the existence of sale agreements annexed by the applicant, it was appropriate to preserve the status quo pending the hearing and determination of the succession cause. The applicant's claim required proof through oral evidence, and it was not possible at this interlocutory stage to conclusively determine possession or ownership. Therefore, the court granted the injunction as prayed, restraining the petitioner and other beneficiaries from dealing with the disputed four acres, but directed that the applicant should not put up any new structures on the land until the claim...
Court Disposition
interlocutory injunction granted; status quo to be maintained
Orders
- The application dated 8/5/2013 is granted as prayed.
- The applicant is restrained from putting up any new structures on the suit land until determination of his claim.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KAKAMEGA
SUCCESSION CAUSE NO: 888 OF 2010
IN THE MATTER OF THE ESTATE OF PHILIP MALANGA CHIVULI alias MALANGA CHIBULI......................................................................................DECEASED
AND
ADRANE MUSONYE SHIBISI................................................OBJECTOR
VERSUS
CHARLES MALANGA CHIVULI.............................................PETITIONER
R U L I N G
The Notice of Motion dated 8/5/2013 seeks an order of injunction restraining the petitioner and other beneficiaries from dealing with four (4) acres out of plot number N/KABRAS/MALAVA/1261. The applicant contends that he bought the four acres from the deceased and took immediate possession of the property. On his part, the respondent denies that the applicant bought the four acres from the deceased and that the applicant has never stayed on the suit land.
Given the nature of the application and the response is not clear to determine who is in occupation of the four acres. Plot number N.KABRAS/MALAVA/1261 is about 7. 8 Ha. The applicant annexed some sale agreements and he has to prove his claim through oral evidence since the applicant claims to be in occupation and claims to have bought four acres, I do find that the status quo should be maintained pending the hearing and determination of the cause. However, the applicant should not put up any new structures on the suit land until his claim is determined by the court. The application dated 8/5/2013 is granted as prayed. Costs in the cause.
Dated, signed and Delivered at Kakamega this 27th day of February 2014.
SAID J. CHITEMBWE
JUDGE