[2011] KEHC 85 (KLR)
The court found that in order to preserve the subject matter of the dispute and prevent any alienation or dealings with Parcel No. Trans-Nzoia/Kipsoen/451, it was just and equitable to issue an order of inhibition pending the hearing and determination of the suit. At the same time, the court recognized the...
Source-derived case information.
- Citation
- [2011] KEHC 85 (KLR)
- Parties
- Applicant: Elisha Mbuya Ooro; Applicant: Milka Ogembo Mboya; Respondent: Josephine Achieng Mboya
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Civil Case 66 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
- Outcome
- Application for inhibition order granted; respondent allowed to remain in occupation; costs in the cause.
- Legal Topics
- Inhibition Orders, Interlocutory Injunctions, Land Disputes, Pending Suit Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elisha Mbuya Ooro
Applicant
Milka Ogembo Mboya
Applicant
Josephine Achieng Mboya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
Legal Issues
- 1 Whether an order of inhibition should be issued against Parcel No. Trans-Nzoia/Kipsoen/451 pending the determination of the suit.
- 2 Whether the respondent should be allowed to continue occupying the suit land pending determination.
- 3 Whether the application should be granted ex parte.
Ratio Decidendi
The court found that in order to preserve the subject matter of the dispute and prevent any alienation or dealings with Parcel No. Trans-Nzoia/Kipsoen/451, it was just and equitable to issue an order of inhibition pending the hearing and determination of the suit. At the same time, the court recognized the respondent's occupation of the land and, in the interest of justice, allowed her to continue residing on the property until the matter is fully heard and determined. The court emphasized the need for expeditious hearing of the main suit to resolve the dispute conclusively.
Court Disposition
Application for inhibition order granted; respondent allowed to remain in occupation; costs in the cause.
Orders
- An order of inhibition is issued against Parcel No. Trans-Nzoia/Kipsoen/451 to inhibit all dealings pending determination of the suit.
- The respondent is to continue occupying the said piece of land pending hearing and determination.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
CIVIL CASE 66 OF 2011
ELISHA MBUYA OORO )
MILKA OGEMBO MBOYA).......................................APPLICANTS/PLAINTIFFS.
AND
JOSEPHINE ACHIENG MBOYA..............................RESPONDENT/DEFENDANT.
R U L I N G
This application sought orders:-
i)That service of this application be dispensed with ex-parte in the first instance.
ii)That this Honourable Court be pleased to issue an order of inhibition against Parcel No. Trans-Nzoia/Kipsoen/451 to inhibit all dealings with the said parcel of land pending the hearing and determination of this suit.
iii)That costs be provided for.
This is the application dated the 27/07/2011 seeking Interalia for an order of inhibition against Parcel No. Trans-Nzoia/Kipsoen/451 till the determination of the suit.
The application was opposed. That the Respondent is the other wife of the deceased. That this is the land that her family resides on.
Having considered the arguments by both parties the Court makes the following orders; that the land should not be alienated in any way and therefore issue an order of inhibition against Parcel No. Land No. Trans-Nzoia/Kipsoen/451.
In the interest of justice under Section 63 (e) the Respondent to continue occupying the said piece of land.
This matter must be set down for hearing within the next 90 days so that it is determined once and for all.
The costs of the application will be in the cause.
SIGNED
S. M. MUKETI
JUDGE
Read, dated and signed in the Open Court this 20th day of December, 2011.
SIGNED
S. M. MUKETI
JUDGE
Mr. Wanjala for the Respondent
Mrs. Munialo for Wanyama.
SIGNED
S. M. MUKETI
JUDGE