[2020] KEELC 3845 (KLR)
The court found that the plaintiffs had demonstrated a prima facie case for the preservation of the suit property by inhibition, given their claim of adverse possession and continuous occupation for over twelve years. The risk that the subject land could be dealt with to the detriment of the plaintiffs' claim...
Source-derived case information.
- Citation
- [2020] KEELC 3845 (KLR)
- Parties
- Plaintiff: Catherine Wanja Njoka; Plaintiff: Dorothy Kagendo Muriuki; Defendant: John Njagi Dan
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 24 of 2019
- Procedural Posture
- Miscellaneous Application / Interlocutory Application for Inhibition Order Pending Hearing
- Outcome
- Interim inhibition orders extended; application to be heard interpartes.
- Legal Topics
- Adverse Possession, Inhibition Orders, Land Registration, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Wanja Njoka
Plaintiff
Dorothy Kagendo Muriuki
Plaintiff
John Njagi Dan
Defendant
Procedural Posture
Miscellaneous Application / Interlocutory Application for Inhibition Order Pending Hearing
Legal Issues
- 1 Whether the plaintiffs have established a prima facie case for the grant of an inhibition order over L.R. No. Karingani/Ndagani/91 pending the hearing and determination of the suit.
- 2 Whether the plaintiffs' claim of adverse possession over a portion of the suit land justifies preservation of the property through an inhibition order.
Ratio Decidendi
The court found that the plaintiffs had demonstrated a prima facie case for the preservation of the suit property by inhibition, given their claim of adverse possession and continuous occupation for over twelve years. The risk that the subject land could be dealt with to the detriment of the plaintiffs' claim justified the extension of interim inhibition orders pending the interpartes hearing. The court exercised its discretion to maintain the status quo to prevent the suit from being rendered nugatory.
Court Disposition
Interim inhibition orders extended; application to be heard interpartes.
Orders
- Defendant granted 30 days to obtain the services of an advocate.
- Interim orders granted on 18th December, 2019 extended in terms of section 63(e) of the Civil Procedure Act pending hearing and determination of this application.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 24 OF 2019
IN THE MATTER OF SECTON 28(H) OF THE LAND REGISTRATION ACT NO. 3 OF 2012
AND IN THE MATTER OF ORDER 37 RULE 7 OF THE CIVIL PROCEDURE RULES 2010
AND IN THE MATTER OF SECTION 38 OF THE LIMITATION OF ACTIONS ACT
CATHERINE WANJA NJOKA.....................................................................1ST PLAINTIFF
DOROTHY KAGENDO MURIUKI............................................................2ND PLAINTIFF
VERSUS
JOHN NJAGI DAN...........................................................................................DEFENDANT
RULING
1. This application is dated 12th December, 2019 and seeks the following orders:
1. That this application be certified urgent.
2. That pending the interpartes hearing of this application an order of inhibition do issue restraining the registration of dealings in respect of L.R. No. Karingani/Ndagani/91.
3. That pending the hearing and determination of this application and the main suit an order of inhibition do issue restraining the registration of dealings in respect of L.R. No. Karingani/Ndagani/91.
4. That costs of this application be in the cause.
2. The application has the following grounds:
1. That the defendant is the registered owner of the suit lands.
2. That the plaintiffs have continuously occupied a portion measuring approximately two (2) acres in the suit land for a period exceeding twelve (12) years.
3. That the plaintiffs lay claim to ownership of a portion measuring two (2) acres from the suit land predicated on the doctrine of adverse possession.
4. That in order to preserve the suit property prior to the hearing of the plaintiffs claim, it is necessary that an order of inhibition be issued.
3. When the matter came up for interpartes hearing, the defendant sought 30 days to seek the services of an advocate.
4. The following orders/directions are hereby issued.
1. Defendant granted 30 days to obtain the services of an advocate.
2. Interim orders granted on 18th December, 2019 extended in terms of section 63(e) of the Civil Procedure Act pending hearing and determination of this application.
3. The application to be heard interpartes on 31st March, 2020.
Delivered in open Court at Chuka this 27th day of January, 2020 in the presence of:
CA: Ndegwa
Catherine Wanja Njuki Plaintiff
Dorothy Kagendo absent – 2nd Plaintiff
John Njagi Dan – Defendant present
P. M. NJOROGE,
JUDGE