[2017] KEELC 1640 (KLR)
The court found that the applicant had demonstrated proprietary interest in the suit land by virtue of holding a title deed and being in occupation. The risk of eviction and the reduction of her original parcel without due process established a prima facie case and the likelihood of irreparable harm if interim...
Source-derived case information.
- Citation
- [2017] KEELC 1640 (KLR)
- Parties
- Applicant: Betty Nkatha; Respondent: Consolata Karegi Robert; Respondent: District Land Adj. Officer Tigania West/East District; Respondent: The District Land Registrar-Maua; Respondent: The Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 110 of 2016
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application for Injunction and Inhibition
- Outcome
- interlocutory orders of inhibition and injunction confirmed for one year
- Judges
- LN Mbugua
- Legal Topics
- Land Inhibition Orders, Temporary Injunctions, Proprietary Interests, Eviction Prevention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Betty Nkatha
Applicant
Consolata Karegi Robert
Respondent
District Land Adj. Officer Tigania West/East District
Respondent
The District Land Registrar-Maua
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Civil Case / Ruling on Interlocutory Application for Injunction and Inhibition
Legal Issues
- 1 Whether the applicant is entitled to an order of inhibition or restriction over parcel No. TIGANIA WEST/URINGU 11/671 pending determination of the suit.
- 2 Whether a temporary injunction should issue to restrain the 1st respondent from interfering with the applicant's occupation and enjoyment of the suit land.
- 3 Whether the applicant has demonstrated proprietary interest and risk of eviction justifying interim protection.
Ratio Decidendi
The court found that the applicant had demonstrated proprietary interest in the suit land by virtue of holding a title deed and being in occupation. The risk of eviction and the reduction of her original parcel without due process established a prima facie case and the likelihood of irreparable harm if interim protection was not granted. The respondents did not oppose the application, and the 1st Defendant failed to respond despite service. The court confirmed the previously granted orders of inhibition and temporary injunction, but limited their duration to one year to balance the interests of justice and prevent indefinite restraint without a full hearing.
Court Disposition
interlocutory orders of inhibition and injunction confirmed for one year
Orders
- An order of inhibition and/or restriction is issued over parcel of land No. TIGANIA WEST/URINGU 11/671 for one year.
- A temporary injunction restraining the 1st Defendant and her agents from interfering with the applicant's title, user, occupation, and enjoyment of parcel No. TIGANIA WEST/URINGU 11/671 for one year.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
CIVIL CASE NO 110 OF 2016
BETTY NKATHA.........................................................................PLAINTIFF/APPLICANT
VERSUS
CONSOLATA KAREGI ROBERT.......................1ST DEFENDANT /1ST RESPONDENT
DISTRICT LAND ADJ. OFFICER TIGANIA
WEST/EAST DISTRICT.....................................2ND DEFENDANT/2ND RESPONDENT
THE DISTRICT LAND REGISTRAR-MAUA.....3RD DEFENDANT/3RD RESPONDENT
THE HON. ATTORNEY GENERAL.....................4TH DEFENDANT/4TH RESPONDENT
R U L I N G
1. The Notice of Motion dated 26th day of July, 2016 seeks the following orders:-
1) Spent.
2) That the Honorable Court be pleased to issue an order of inhibition and/or restriction over parcel of land No. TIGANIA WEST/URINGU 11/671, pending the hearing and determination of this application or further orders of Court.
3) That the Honourable Court be pleased to issues an order of inhibition and/or restriction over parcel of land No. TIGANIA WEST/URINGU 11/671, pending the hearing and determination of this suit.
4) That the Honourable Court be pleased to issue an order of temporary injunction retraining the 1st Defendant/1st Respondent whether by herself, her agents ,servants, assigns and/or any other person acting at her behest from alienating and/or interfering with Plaintiff/Applicant’s title, user, occupation and/or enjoyment of parcel of land No. Tigania WEST/URINGU 11/671 and eviction thereof pending the hearing and determination of this application or further order of Court.
5) That the Honourble Court be pleased to issue an order of temporary injunction restraining the 1st Defendant/1st Respondent whether by herself, her agents, servants, assigns and/or any other use, occupation and/or enjoyment of parcel of Land No. TIGANIA WEST/URINGU 11/671 and eviction thereof pending the hearing and determination of this suit.
6) That costs be borne by the 1st Defendant/1st Respondent.
2. The application is based on the grounds:-
a) That the Applicant is in exclusive occupation of parcel No. TIGANIA WEST/URINGU 11/671.
b) That the Applicant’s Parcel No. TIGANIA WEST /URINGU/4499 has been reduced to accommodate Parcel No. TIGANIA WEST/URINGU 11/671 without due process.
c) That the Applicant will certainly be evicted therefrom and there lies her homestead.
d) That it is only fair, just and equitable that this application be allowed in the interests of justice.
3. There is also a Supporting Affidavit of the applicant. Way back on 28. 07. 16 the Court granted prayer 2 and 4. When the matter came up for directions on 10. 07. 17, the Attorney General stated that they were not opposed to the application. 1st Defendant had been served but no responses was filed.
I have also looked at the documents presented by the applicant which reveals that Applicant has proprietary interests on the suit and by virtue of having a title deed. I therefore proceed to confirm the orders given on 28. 07. 16 but the said orders will remain in force for a period of one year.
SIGNED, DELIVERED AND DATED IN OPEN COURT AT MERU THIS 21ST DAY OF SEPTEMBER, 2017 IN THE PRESENCE OF:-
CA: Janet
Mwanzia for Plaintiff/Applicant
Kiongo for Defendants present
HON. L. N. MBUGUA
JUDGE