[2017] KEELC 1566 (KLR)

Source-derived case information.

Citation: [2017] KEELC 1566 (KLR)
Parties: Plaintiff: Elizaphan Nthiiri Reri; Defendant: Dynah Kangai Albert (sued as administratrix of the estate of Albert Murera Ngaruni); Defendant: Felix Kirimi Mucheke (sued as beneficiary of the estate of Albert Murera Ngarumi); Defendant: Joseline Ciautegi Mucheke (sued as beneficiary of the estate of Albert Murera Ngarumi); Defendant: Rose Cirindi Albert (sued as beneficiary of the estate of Albert Murera Ngarumi); Defendant: Bessu Kanjiru Albert (sued as beneficiary of the estate of Albert Murera Ngarumi); Defendant: Lisper Kendi Mucheke (sued as beneficiary of the estate of Albert Murera Ngarumi)
Court: Environment and Land Court
Court Station: Environment and Land Court at Chuka
Jurisdiction: Kenya
Case Number: Environment & Land Case 268 of 2017
Procedural Posture: Miscellaneous Application / Interlocutory Application; Consent Order on Inhibition Pending Suit
Outcome: Application allowed by consent; inhibition orders granted pending determination of the main suit.
Judges: FM Njoroge
Legal Topics: Inhibition Orders, Adverse Possession, Land Registration, Estate Administration
Source Language: en

Land and Property Inhibition Orders Adverse Possession Land Registration Estate Administration

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Parties

Elizaphan Nthiiri Reri

Plaintiff

Dynah Kangai Albert (sued as administratrix of the estate of Albert Murera Ngaruni)

Defendant

Felix Kirimi Mucheke (sued as beneficiary of the estate of Albert Murera Ngarumi)

Defendant

Joseline Ciautegi Mucheke (sued as beneficiary of the estate of Albert Murera Ngarumi)

Defendant

Rose Cirindi Albert (sued as beneficiary of the estate of Albert Murera Ngarumi)

Defendant

Bessu Kanjiru Albert (sued as beneficiary of the estate of Albert Murera Ngarumi)

Defendant

Lisper Kendi Mucheke (sued as beneficiary of the estate of Albert Murera Ngarumi)

Defendant

Procedural Posture

Miscellaneous Application / Interlocutory Application; Consent Order on Inhibition Pending Suit

Legal Issues

1 Whether the applicant is entitled to an inhibition order against the specified land parcels pending determination of the main suit.
2 Whether the applicant has established a prima facie case for the preservation of the suit property through inhibition orders.

Ratio Decidendi

The court adopted the consent of the parties, which allowed the application for inhibition orders against the specified land parcels pending the hearing and determination of the main suit. The rationale was to preserve the subject matter of the dispute and prevent any dealings that could prejudice the applicant's claim to the land. The consent was entered into freely by the parties through their advocates, and the court found no reason to withhold its adoption. The orders were necessary to maintain the status quo and ensure that the rights of the parties would not be rendered nugatory by any subsequent transactions on the suit properties. Costs were ordered to be in the cause, and parties...

Court Disposition

Application allowed by consent; inhibition orders granted pending determination of the main suit.

Orders

Inhibition orders are issued against land parcels LR: KARINGANI/MUGIRIRWA/3677, LR: KARINGANI/MUGIRIRWA/3678, and LR: KARINGANI/MUGIRIRWA/3679 pending the hearing and determination of the main suit.
Costs to be in the cause.

Full Case Text

Judgment text and source record

40 paragraphs

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO 268 OF 2017 (OS)

IN THE MATER OF THE REGISTRATION OF LANDS ACT NO. 3 OF 2012 SECTION 28(H)

AND IN THE MATTER OF ORDER 37 RULE 7 CIVIL PROCEDURE RULES

AND IN THE MATTER OF SECTION 38 OF THE LIMITATIONS OF ACTIONS ACT CHAPTER 22 LAWS OF KENYA

AND IN THE MATTER OF AN APPLICATION BY ELIZAPHAN NTHIIRI RERI THAT THE COURT DO MAKE A

DECLARATION THAT HE IS ENTITLED TO 0. 12 ACRES OUT OF THE ORIGINAL LR:

KARINGANI/MUGIRIRWA/365 OR ITS SUBDIVISIONS LR; KARINGANI/MUGIRIRWA/3677, 3678, 3679

AND IN THE MATTER OF AN APPLICATION BY ELIZAPHAN NTHIIRI RERI THAT HE BE REGISTERED WITH 0. 12 ACRES OUT OF THE ORIGINAL LR; KARINGANI/MUGIRIRWA/365 OR ITS SUBDIVISION LR; KARINGANI/MUGIRIRWA/3677, 3678 AND 3679

ELIZAPHAN NTHIIRI RERI………………....…..PLAINTIFF

VERSUS

DYNAH KANGAI ALBERT (SUED AS AN ADMINISTRATIX OF THE ESTATE OF ALBERT MURERA NGARUNI)…………...............……. 1ST DEFENDANT

FELIX KIRIMI MUCHEKE (SUED AS A BENEFICIARY OF THE ESTATE OF ALBERT MURERA NGARUMI)………………..............……...2ND DEFENDANT

JOSELINE CIAUTEGI MUCHEKE (SUED AS A BENEFICIARY OF THE ESTATE OF ALBERT MURERA NGARUMI)…………............…….3RD DEFENDANT

ROSE CIRINDI ALBERT (SUED AS A BENEFICIARY OF THE ESTATE OF ALBERT MURERA NGARUMI)………………………....……....4TH DEFENDANT

BESSU KANJIRU ALBERT (SUED AS A BENEFICIARY OF THE ESTATE OF ALBERT MURERA NGARUMI)…………………..........…..…5TH DEFENDANT

LISPER KENDI MUCHEKE (SUED AS A BENEFICIARY OF THE ESTATE OF ALBERT MURERA NGARUMI…………….....….......…...…6TH DEFENDANT

RULING

1. This application is dated 14th July, 2017 and seeks orders:

1. That for reasons set out in the certificate of urgency herewith annexed and filed the court be pleased to certify this application urgent and service of the same be dispensed with in the first instance and the court do issue prayer 2 on ex-parte and interim basis.

2. That pending the hearing and determination of this motion the court be pleased to issue an inhibition order against land parcels LR; KARINGANI/MUGIRIRWA/3677, LR; KARINGANI/MUGIRIRWA/3678 and LR;KARINGANI/MUGIRIRWA/3679 inhibiting any subdivision, sale, lease or transfer.

3. That pending the hearing and determination of the main suit the court be pleased to issue an inhibition order against land parcels LR;KARINGANI/MUGIRIRWA/3677, LR;KARINGANI/MUGIRIRWA/3678 AND LR;KARINGANI/MUGIRIRWA/3679 inhibiting any subdivision, sale, lease or transfer.

4. Cost of this application be provided for.

2. On 11. 10. 2017, the parties presented to court a consent signed by their advocates which they asked the court to adopt as its order. The consent was in the following terms:

CONSENT

Could you kindly enter a consent order between the applicant and respondents herein through their respective counsels in the following terms:

1. The application by way of notice of motion dated 14th July, 2017 be and is hereby allowed in the following terms;

i. That pending the hearing and determination of the main suit the honourable court issues inhibition order against land parcels LR: KARINGANI/MUGIRIRWA/3677, LR; KARINGANI/MUGIRIRWA/3678 AND LR; KARINGANI/MUGIRIRWA/3679

ii. Cost be in the cause.

3. This consent is adopted as an order of this court.

4. All parties to fully comply with all procedural processes within 7 days of today including compliance with Order 11, CPR.

5. Directions to be taken on 1. 11. 2017

6. It is so ordered.

Delivered in open court at Chuka this 11th day of October, 2017 in the presence of:

CA: Ndegwa

IC Mugo for the Applicant

Kijaru h/b Muriithi for the Respondent

P.M. NJOROGE

JUDGE

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