[2015] KEHC 7913 (KLR)
The court found that the applicants had established a prima facie case for the grant of a temporary injunction, as they demonstrated ownership of the disputed parcels and the respondent had not presented any claim or interest in the land. The respondent's absence and failure to oppose the application further...
Source-derived case information.
- Citation
- [2015] KEHC 7913 (KLR)
- Parties
- Applicant: Cecilia Kambura Mukindia; Applicant: Salesio Irite M’Mukindia; Respondent: M’Maingi Etharamburi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 101 of 2012
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Injunction Application
- Outcome
- Application for temporary injunction allowed.
- Legal Topics
- Temporary Injunctions, Trespass, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cecilia Kambura Mukindia
Applicant
Salesio Irite M’Mukindia
Applicant
M’Maingi Etharamburi
Respondent
Procedural Posture
Civil Suit / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the applicants are entitled to a temporary injunction restraining the respondent from interfering with land parcels LR No. RUIRI/RWARERA/5088 and 5089 pending determination of the suit.
- 2 Whether the respondent has any legal claim or interest over the disputed parcels of land.
Ratio Decidendi
The court found that the applicants had established a prima facie case for the grant of a temporary injunction, as they demonstrated ownership of the disputed parcels and the respondent had not presented any claim or interest in the land. The respondent's absence and failure to oppose the application further supported the applicants' position. The court was satisfied that the applicants were entitled to protection from interference pending the determination of the suit and allowed the application in terms of the prayer seeking a temporary injunction.
Court Disposition
Application for temporary injunction allowed.
Orders
- A temporary injunction is issued restraining the defendant, his agents, representatives, workers, employees, family members, and/or anyone else acting at his behest from building, working on, tilling, and interfering with the applicants' use of land parcels LR No. RUIRI/RWARERA/5088 and 5089 pending the hearing and...
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND DIVISION
CIVIL SUIT NO 101 OF 2012
CECILIA KAMBURA MUKINDIA ......................................1ST PLAINTIFF/APPLICANT
SALESIO IRITE M’MUKINDIA ........................................2ND PLAINTIFF/APPLICANT
VERSUS
M’MAINGI ETHARAMBURI.........................................DEFENDANT /RESPONDENT
RULING
This application is dated 21/09/2015 and seeks the following orders:-
THATthis application be certified as extremely urgent and the same be heard as a matter of urgency and priority.
THATthis Honourable Court be pleased to issue orders of temporary injunction, restraining the defendant, his agents, representations, workers employees, family members and/or anyone else working at his behest, restraining them from building, working on, tilling and interfering with the applicants user of land parcels LR No. RUIRI/RWARERA/5088 and 5089 pending the hearing and determination of this application.
THATthis Honourable Court be pleased to issue orders of temporary injunction, restraining the defendant, his agents, representatives, workers, employees, family members and/or anyone else working at his behest , restraining them
from building , working on, tilling and interfering with the applicants user of land parcels LR. No. RUIRI/RWARERA/5088 and 5089 pending the hearing and determination of this suit.
THATcosts for and incidental to this application be borne by the respondent.
It has the following grounds:-
THATthe 1st applicant was the registered owner of land parcel No. RUIRI/RWARERA/5088 as at the time of filing this suit and has since acquired land parcel No. RUIRI/RWARERA/5089 by transmission upon completion of Meru High Court Succession Cause No. 26 of 2008.
THATthe respondent is a mere trespasser who has no known claim or interest over the material parcels of lands.
THATthe respondent has now embarked on unfettered development of permanent structures on the material parcel of land to lay basis for future claim on occupation.
THATthe applicants have established prima-facie case with high chances of success.
During interpartes hearing on 19/10/2015, Mr. Mutegi holding brief for Mr. Gichunge told the Court that since the respondent was not in Court the application should be allowed. I allow the application in terms of prayer 3.
Costs shall be in the cause.
Delivered in Meru this 19th day of October, 2015 in the presence of:-
CC: Daniel/Lilian
Mutegi for the Applicant
P. M. NJOROGE
JUDGE