[2015] KEELC 228 (KLR)
The court found that the application for injunction was not opposed and that it was necessary to preserve the suit properties pending the hearing and determination of the main suit. The judge exercised discretion to grant the orders sought, including barring all parties from dealing with the suit properties, issuing...
Source-derived case information.
- Citation
- [2015] KEELC 228 (KLR)
- Parties
- Plaintiff: Anthony Ngetich Seurey; Defendant: John Wacira Chiri; Defendant: Paul Chesire arap Chebii; Defendant: Kalenjin Enterprises Limited; Applicant: James Kibaru Mungai; Applicant: Reuben Njenga Mungai
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 99 of 2014
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Injunction
- Outcome
- Application for injunction allowed; orders granted as prayed.
- Judges
- MA Silau
- Legal Topics
- Injunctions, Status Quo Orders, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Ngetich Seurey
Plaintiff
John Wacira Chiri
Defendant
Paul Chesire arap Chebii
Defendant
Kalenjin Enterprises Limited
Defendant
James Kibaru Mungai
Applicant
Reuben Njenga Mungai
Applicant
Procedural Posture
Injunction Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether an interlocutory injunction should be granted to restrain dealings with the suit properties pending determination of the suit.
- 2 Whether an order of inhibition should be issued to prevent registration of any disposition in respect of the suit properties.
- 3 Whether the status quo on the ground should be maintained regarding possession and development of the suit properties.
Ratio Decidendi
The court found that the application for injunction was not opposed and that it was necessary to preserve the suit properties pending the hearing and determination of the main suit. The judge exercised discretion to grant the orders sought, including barring all parties from dealing with the suit properties, issuing an order of inhibition to prevent registration of any disposition, and maintaining the status quo on the ground. The court emphasized that no party should make new developments on the properties and that the properties should be maintained in their current state until the dispute is resolved. The orders were made to prevent any prejudice to the parties and to ensure the...
Court Disposition
Application for injunction allowed; orders granted as prayed.
Orders
- All parties are barred from offering for sale, selling, charging, assigning, or otherwise dealing with Nakuru Municipality Block 29/243 and 244.
- An order of inhibition is issued, barring registration of any disposition in the register of land parcel numbers Nakuru Municipality Block 29/243 and 244.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO. 99 OF 2014
ANTHONY NGETICH SEUREY……..............................................………….PLAINTIFF
VERSUS
JOHN WACIRA CHIRI ………………..........................................……1ST DEFENDANT
PAUL CHESIRE arap CHEBII …….............................................….2ND DEFENDANT
KALENJIN ENTERPRISES LIMITED ..............................................…3RD DEFENDANT
AND
JAMES KIBARU MUNGAI ……...........................................1ST INTERESTED PARTY
REUBEN NJENGA MUNGAI …….........................................2ND INTERESTED PARTY
RULING
(Application for injunction to preserve the suit properties; application not opposed; application allowed; orders of inhibition issued; status quo on the ground to be maintained)
1. The application before me is that dated 18 March 2015 filed by the interested parties. In the application, they want the 1st defendant restrained from selling, charging, leasing, assigning, trespassing into, or in any other way, interfering with the title numbers Nakuru Municipality Block 29/243 and Nakuru Municipality Block 29 /244 (the suit properties) until the hearing and determination of this suit.
2. This is a tripartite dispute wherein the suit properties are being claimed by the plaintiff, the 1st and 2nd defendants, and the interested parties. I note that there had been an earlier application by the plaintiff for injunction, which appears not to have been prosecuted. It will be seen that in this application, the interested parties also want orders of injunction. At the hearing of this application, Mr. Oumo for the 1st defendant did not oppose the application. I am on my part not averse to issuing orders stopping any dealings with the titles in issue. I am however not too sure of who is in possession of the property and in so far as possession is concerned, I order that status quo be maintained. Whoever is in possession should not make any further developments on the suit property and the suit properties should be maintained and utilized in their current state.
I therefore make the following orders :-
(i) That all parties herein are barred from offering for sale, selling, charging, assigning, or in any other way dealing with the title numbers Nakuru Municipality Block 29/243 and 244.
(ii) That there is hereby issued an order of inhibition, barring the registration of any disposition in the register of the land parcel numbers Nakuru Municipality Block 29/243 and 244.
(iii) That the status quo prevailing in the land parcels Nakuru Municipality Block 29/243 and 244 be maintained.
(iv) That no party herein should make any new developments on the suit property.
3. Costs of this application shall be costs in the cause.
It is so ordered.
Dated, signed and delivered in open court at Nakuru this 22nd day of September 2015.
MUNYAO SILA
JUDGE
ENVIRONMENT AND LAND COURT
AT NAKURU
In presence of : -
N/A for M/s Mutonyi Mbiyu for Interested parties/applicants
N/A for M/s Oumo & is for 1st defendant/respondent
N/A for M/s Karanja Mbugua for plaintiff
2nd and 3rd defendant in person: absent
Court Assistant : Janet
MUNYAO SILA
JUDGE
ENVIRONMENT AND LAND COURT
AT NAKURU