[2020] KEHC 9761 (KLR)

[2020] KEHC 9761 (KLR)

The court found that the applicant had established a prima facie case with a probability of success, as there was an undisputed consent order staying proceedings pending appeal, yet the respondents proceeded to subdivide and transfer the estate land. The applicant demonstrated a likelihood of suffering irreparable...

Source-derived case information.

Citation
[2020] KEHC 9761 (KLR)
Parties
Applicant: Bunice Wamarwa Githae; Respondent: Margaret Kariuko Njoka; Respondent: Unnamed 2nd Respondent; Respondent: Unnamed 3rd Respondent; Respondent: Unnamed 4th Respondent; Respondent: Unnamed 5th Respondent
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Case Number
Succession Appeal 9 of 2019
Procedural Posture
Succession Appeal / Ruling on Interlocutory Injunction Pending Appeal
Outcome
injunction granted pending appeal
Judges
LW Gitari
Legal Topics
Injunctive Relief, Administration of Estates, Confirmation of Grant, Proprietary Rights, Joinder of Parties
Source Language
en
Family and Children Land and Property Injunctive Relief Administration of Estates Confirmation of Grant Proprietary Rights Joinder of Parties

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Summary, issues, holding and outcome

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Parties

Bunice Wamarwa Githae

Applicant

Margaret Kariuko Njoka

Respondent

Unnamed 2nd Respondent

Respondent

Unnamed 3rd Respondent

Respondent

Unnamed 4th Respondent

Respondent

Unnamed 5th Respondent

Respondent

Procedural Posture

Succession Appeal / Ruling on Interlocutory Injunction Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction restraining the respondents from dealing with the disputed land parcels pending the hearing and determination of the appeal.
  2. 2 Whether the respondents' actions in subdividing and transferring the estate land violated a consent order staying proceedings.
  3. 3 Whether injunctive relief can be issued against registered proprietors in succession matters.

Ratio Decidendi

The court found that the applicant had established a prima facie case with a probability of success, as there was an undisputed consent order staying proceedings pending appeal, yet the respondents proceeded to subdivide and transfer the estate land. The applicant demonstrated a likelihood of suffering irreparable loss if the respondents were not restrained, as further dealings with the land could defeat the purpose of the appeal. The court held that injunctive relief is available in succession matters, even against registered proprietors, where there is evidence of disregard for court orders or procedural impropriety. The court relied on the principles in Giella v Cassman Brown and...

Court Disposition

injunction granted pending appeal

Orders

  • An order of injunction is issued restraining the respondents, their agents, employees, or anyone acting through them from entering into, interfering, demolishing, evicting, selling, transferring, or in any other way dealing with land parcels Kabare/Kiritine/3266, 3267, 3268, 3269, 3270, 3271, and 3272 pending the...
  • Costs in the cause.