[2024] KEELC 1161 (KLR)

[2024] KEELC 1161 (KLR)

The court found that the plaintiffs failed to establish a prima facie case for either a prohibitory or mandatory injunction. The evidence did not substantiate the claims of continuous occupation, payment of rates, or destruction of property by the defendant. The conveyance to the defendant was executed by the company's directors, and there was no prima facie evidence of fraud. Investigations by the DCI and the DPP found no criminal culpability. The threshold for a mandatory injunction was not met, as no special circumstances or clear case were demonstrated. However, to preserve the suit property pending the hearing and determination of the main suit, the court ordered maintenance of the...

Citation
[2024] KEELC 1161 (KLR)
Parties
Plaintiff: Gevi Limited; Plaintiff: Millicent Wambui Mugi; Defendant: David Muthui
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Judgment Date
29 February 2024
Case Number
Environment & Land Case E034 of 2023
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Outcome
Application dismissed; status quo to be maintained pending determination of the suit.
Judges
OA Angote
Legal Topics
Injunctive Relief, Adverse Possession, Fraudulent Transfer of Land, Company Law Separate Personality
Source Language
English
Land and Property Civil Procedure Injunctive Relief Adverse Possession Fraudulent Transfer of Land Company Law Separate Personality

Case Brief

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Parties

Gevi Limited

Plaintiff

Millicent Wambui Mugi

Plaintiff

David Muthui

Defendant

Procedural Posture

Environment and Land Case / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the plaintiffs have established a prima facie case to warrant the grant of a temporary injunction restraining the defendant from entering or being on the suit property pending determination of the suit.
  2. 2 Whether the plaintiffs are entitled to a mandatory injunction requiring the defendant to demolish structures erected on the suit property.
  3. 3 Whether the plaintiffs have demonstrated irreparable injury or special circumstances justifying interlocutory relief.

Ratio Decidendi

The court found that the plaintiffs failed to establish a prima facie case for either a prohibitory or mandatory injunction. The evidence did not substantiate the claims of continuous occupation, payment of rates, or destruction of property by the defendant. The conveyance to the defendant was executed by the company's directors, and there was no prima facie evidence of fraud. Investigations by the DCI and the DPP found no criminal culpability. The threshold for a mandatory injunction was not met, as no special circumstances or clear case were demonstrated. However, to preserve the suit property pending the hearing and determination of the main suit, the court ordered maintenance of the...

Court Disposition

Application dismissed; status quo to be maintained pending determination of the suit.

Orders

  • The Notice of Motion dated 27th July, 2023 is dismissed.
  • The status quo as at the date of this ruling shall be maintained: no issuance of new title, no sale, transfer, lease, charge, or disposal of the suit property, and no change of status including eviction, demolition, farming, construction, or development by either party or their agents.