[2017] KEELC 262 (KLR)
The court adopted the consent of the parties, which allowed the plaintiff's application for inhibition orders against the specified land parcels pending the hearing and determination of the main suit. The court found that the parties, through their advocates, had agreed to preserve the subject matter of the dispute...
Source-derived case information.
- Citation
- [2017] KEELC 262 (KLR)
- Parties
- Plaintiff: Bornface Gitari Kirimo; Defendant: Dynah Kangai Albert (sued as administratrix of the estate of Albert Murera Ngaruni); Defendant: Felix Kirimi Mucheke (sued as beneficiary of the estate of Albert Murera Ngaruni); Defendant: Joseline Ciautegi Mucheke (sued as beneficiary of the estate of Albert Murera Ngaruni); Defendant: Rose Cirindi Albert (sued as beneficiary of the estate of Albert Murera Ngaruni); Defendant: Bessu Kanjiru Albert (sued as beneficiary of the estate of Albert Murera Ngaruni); Defendant: Lisper Kendi Mucheke (sued as beneficiary of the estate of Albert Murera Ngaruni)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 269 of 2017
- Procedural Posture
- Miscellaneous Application / Interlocutory Application; Consent Order on Inhibition Pending Suit
- Outcome
- Application allowed by consent; inhibition order granted pending suit.
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Adverse Possession, Land Registration, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bornface Gitari Kirimo
Plaintiff
Dynah Kangai Albert (sued as administratrix of the estate of Albert Murera Ngaruni)
Defendant
Felix Kirimi Mucheke (sued as beneficiary of the estate of Albert Murera Ngaruni)
Defendant
Joseline Ciautegi Mucheke (sued as beneficiary of the estate of Albert Murera Ngaruni)
Defendant
Rose Cirindi Albert (sued as beneficiary of the estate of Albert Murera Ngaruni)
Defendant
Bessu Kanjiru Albert (sued as beneficiary of the estate of Albert Murera Ngaruni)
Defendant
Lisper Kendi Mucheke (sued as beneficiary of the estate of Albert Murera Ngaruni)
Defendant
Procedural Posture
Miscellaneous Application / Interlocutory Application; Consent Order on Inhibition Pending Suit
Legal Issues
- 1 Whether the plaintiff is entitled to an inhibition order against the specified land parcels pending determination of the main suit.
- 2 Whether the plaintiff has demonstrated sufficient interest or right to warrant the inhibition order.
- 3 Whether the parties' consent on the interlocutory application should be adopted as an order of the court.
Ratio Decidendi
The court adopted the consent of the parties, which allowed the plaintiff's application for inhibition orders against the specified land parcels pending the hearing and determination of the main suit. The court found that the parties, through their advocates, had agreed to preserve the subject matter of the dispute to prevent any prejudice to the plaintiff's claim of adverse possession. The consent was duly signed and presented to the court, and there being no objection, it was adopted as an order of the court. The court further directed compliance with pre-trial procedures and set a date for further directions. The operative reasoning is that parties are at liberty to compromise...
Court Disposition
Application allowed by consent; inhibition order granted pending suit.
Orders
- An inhibition order is issued against land parcels LR;KARINGANI/MUGIRIRWA/3677, LR;KARINGANI/MUGIRIRWA/3678 and LR;KARINGANI/MUGIRIRWA/3679 inhibiting any subdivision, sale, lease or transfer pending the hearing and determination of the main suit.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
51 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 269 OF 2017 (OS)
IN THE MATER OF THE REGISTRATION OF LANDS ACT NO. 3 OF 2012 SECTION 28(H)
AND IN THE MATTER OF ORDER 37 RULE 7 CIVIL PROCEDURE RULES
AND IN THE MATTER OF SECTION 38 OF THE LIMITATIONS OF ACTIONS ACT CHAPTER 22 LAWS OF KENYA
AND IN THE MATTER OF AN APPLICATION BY BORNFACE GITARI KIRIMO THAT THE COURT DO MAKE A DECLARATION THAT HE IS ENTITLED TO 0. 25 ACRES OUT OF THE ORIGINAL LR; KARINGANI/MUGIRIRWA/365 OR ITS SUBDIVISIONS LR; KARINGANI/MUGIRIRWA/3677, 3678, 3679
AN IN THE MATTER OF AN APPLICATION BY BORNFACE GITARI KIRIMO THAT HE BE REGISTERED WITH 0. 25 ACRES OUT OF THE ORIGINAL LR; KARINGANI/MUGIRIRWA/365 OR ITS SUBDIVISIONS LR; KARINGANI/MUGIRIRWA/3677, 3678 AND 3679
BORNFACE GITARI KIRIMO..........................................PLAINTIFF
VERSUS
DYNAH KANGAI ALBERT (SUED AS AN
ADMINISTRATIX OF THE ESTATE OF
ALBERT MURERA NGARUNI)............................1ST DEFENDANT
FELIX KIRIMI MUCHEKE (SUED AS A
BENEFICIARY OF THE ESTATE
OF ALBERT MURERA NGARUMI)....................2ND DEFENDANT
JOSELINE CIAUTEGI MUCHEKE (SUED AS
A BENEFICIARY OF THE ESTATE
OF ALBERT MURERA NGARUMI)....................3RD DEFENDANT
ROSE CIRINDI ALBERT (SUED AS A
BENEFICIARY OF THE ESTATE
OF ALBERT MURERA NGARUMI)....................4TH DEFENDANT
BESSU KANJIRU ALBERT (SUED AS A
BENEFICIARY OF THE ESTATE
OF ALBERT MURERA NGARUMI)....................5TH DEFENDANT
LISPER KENDI MUCHEKE (SUED AS A
BENEFICIARY OF THE ESTATE
OF ALBERT MURERA NGARUMI.....................6TH DEFENDANT
RULING
1. This application is dated 14th July, 2017 and seeks orders:
1. That for reasons set out in the certificate of urgency herewith annexed and filed the court be pleased to certify this application urgent and service of the same be dispensed with in the first instance and the court do issue prayer 2 on ex-parte and interim basis.
2. That pending the hearing and determination of this motion the court be pleased to issue an inhibition order against land parcels LR; KARINGANI/MUGIRIRWA/3677, LR;KARINGANI/MUGIRIRWA/3678 AND LR;KARINGANI/MUGIRIRWA/3679 inhibiting any subdivision, sale, lease or transfer.
3. That pending the hearing and determination of the main suit the court be pleased to issue an inhibition order against land parcels LR;KARINGANI/MUGIRIRWA/3677, LR;KARINGANI/MUGIRIRWA/3678 AND LR;KARINGANI/MUGIRIRWA/3679 inhibiting any subdivision, sale, lease or transfer.
4. Cost of this application be provided for.
2. On 11th October, 2017, the parties proffered to court a consent dated 5th October, 2017 which was duly signed by their advocates. The consent states:
RE: CONSENT ORDER
Could you kindly enter a consent order between the applicant and respondents herein through their respective counsels in the following terms;
1. The application by way of notice of motion dated 14th July, 2017 be and is hereby allowed in the following terms;
(i) That pending the hearing and determination of the main suit the honourable court issues inhibition order against land parcels LR;KARINGANI/MUGIRIRWA/3677, LR;KARINGANI/MUGIRIRWA/3678 AND LR;KARINGANI/MUGIRIRWA/3679 inhibiting any subdivision, sale, lease or transfer.
(ii) Cost be in the cause.
3. The consent is adopted as an order of this court.
4. The plaintiff is directed to fully comply with Order 11, CPR within 7 days of today and the respondents are directed to do so within 7 days after receipt of the plaintiff’s compliance documents.
5. Parties are directed to come back to court for directions on 1. 11. 2017.
6. It is so ordered.
Delivered in open court at Chuka this 11th day of October, 2017
in the presence of:
CA: Ndegwa
IC Mugo for the Plaintiff\
Kijaru h/b Muriiithi for Respondent
P.M. NJOROGE
JUDGE