[2015] KEHC 1267 (KLR)
The court found that the parties had agreed to the confirmation of the inhibition order (prayer 2), which was sufficient to preserve the suit property pending the hearing and determination of the main suit. The court therefore granted the inhibition order but declined to grant the temporary injunctions sought in...
Source-derived case information.
- Citation
- [2015] KEHC 1267 (KLR)
- Parties
- Applicant: Catherine Kiende M’Itonga; Respondent: Lawrence Mbiti Rutere
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 45 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition and Injunction
- Outcome
- Application partly allowed.
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Temporary Injunctions, Land Disputes, Possession and Occupation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Kiende M’Itonga
Applicant
Lawrence Mbiti Rutere
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition and Injunction
Legal Issues
- 1 Whether the applicant is entitled to an order of inhibition over land parcel ABOGETA/U-KIUNGONE/2283 pending determination of the suit.
- 2 Whether the applicant is entitled to a temporary injunction restraining the respondent from trespassing or interfering with the suit land.
Ratio Decidendi
The court found that the parties had agreed to the confirmation of the inhibition order (prayer 2), which was sufficient to preserve the suit property pending the hearing and determination of the main suit. The court therefore granted the inhibition order but declined to grant the temporary injunctions sought in prayers 3 and 4, as the inhibition adequately protected the applicant's interests at this interlocutory stage. Costs were ordered to be in the cause, and directions were given for compliance with procedural orders and for the parties to obtain a date for further directions.
Court Disposition
Application partly allowed.
Orders
- Prayer 2 (inhibition order) is granted.
- Prayers 3 and 4 (temporary injunctions) are not granted.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC NO 45 OF 2015 (O.S)
IN THE MATTER OF THE LIMITATION OF ACTIONS ACT
AND
IN THE MATTER OF LAND PARCEL REFERENCE NO. ABOGETA/U-KIUNGONE/2283
CATHERINE KIENDE M’ITONGA ..............................PLAINTIFF/APPLICANT
VERSUS
LAWRENCE MBITI RUTERE..........................DEFENDNATS/RESPONDENT
R U L I N G
This application is brought to Court Under Order 40 Rules 1,2 & 3 of the Civil Procedure Rules and other enabling provisions of the Law. It is dated 23/06/2015 and seeks orders:-
That this application be certified as extremely urgent and service of the same be dispensed with at the first instance.
That the Honourable Court be pleased to issue an Order of Inhibition on land parcel no ABOGETA/U-KIUNGONE/ 2283 until further orders of the Court.
That the Honourable Court be pleased to issue an Order of Temporary Injunction against the defendant restraining him by himself, his servants, agents, employees or anyone acting on his behest from/ trespassing /interfering with Land Parcel No.
ABOGETA/U-KIUNGONE/2283 pending the hearing and determination of this application.
That the Honourable Court be pleased to issue an order of Temporary Injunction against the defendant restraining him by himself, his servants, agents employees or anyone acting on his behest from/trespassing/interfering with land parcels No. Abogeta/U-kiungone 2283 pending the hearing and determination of this suit.
Cost and interest of the application be provided.
The application is buttressed by the affidavit of Catherine Kiende M’Itonga and has the following grounds.
That the Plaintiff/applicant was allocated a portion of land by her deceased father that I took possession and occupied since 1995 to date.
That I have extensively developed the said portion wherein I have cultivated bananas, arrowroots, sugarcanes, maize, cabbages, nappier grass planted trees, constructed a semi-permanent house and have reared cows and chicken.
On 12/11/2015, the Advocates representing the parties told the Court that they had agreed to the confirmation of prayer 2 for inhibition. They told the Court that since the said prayer sufficed to preserve the suit party, the parties will proceed to the hearing of the main suit.
In the Circumstances, It is ordered as follows:-
Prayer 2 of the Application is granted
Prayers 3 and 4 are not granted.
Costs shall be in the cause.
The parties should fully comply with orders 3, 7, and 11 as appropriate within 60 days with the plaintiff doing so within 30 days of today and the defendant doing so within the remaining 30 days.
Parties to obtain a date for directions from the registry.
Delivered in Open Court at Meru this 12th day of November, 2015 in the presence of:
CC:Lilian/Daniel
Mutunga h/b Otieno for Plaintiff/Applicant
Muthomi present for Defendant/Respondent
P. M. NJOROGE
JUDGE