[2021] KEELC 4269 (KLR)

[2021] KEELC 4269 (KLR)

The plaintiffs entered into a consent order with the defendants on 19th July, 2018, which allowed the defendants to facilitate the survey and subdivision of the suit property, with the plaintiffs to bear the costs of subdivision and transfer. The plaintiffs did not challenge or seek to set aside this consent order and failed to pay the required costs or participate in the subdivision process. The property was subsequently subdivided and titles issued to all beneficiaries except the plaintiffs, who did not collect their documents. The court found that the application for injunctive relief was overtaken by events, as the subdivision and issuance of titles had already occurred, and...

Citation
[2021] KEELC 4269 (KLR)
Parties
Plaintiff: Rhoda Muthoki Kioko Wambua; Plaintiff: Samuel Waithaka Kiige; Defendant: Monica Nzilani Kimuya alias Emily Nzilani Kimeu; Defendant: Michael Muli Musyoki; Defendant: Quadco Fifity Two Limited; Defendant: Malili Ranch Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Machakos
Jurisdiction
Kenya
Judgment Date
12 February 2021
Case Number
Environment & Land Case 53 of 2018
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application for Injunction and Amendment of Plaint
Outcome
Plaintiffs' application for injunction dismissed; leave to amend plaint granted.
Judges
OA Angote
Legal Topics
Injunctive Relief, Consent Orders, Land Subdivision, Amendment of Pleadings
Source Language
English
Land and Property Civil Procedure Injunctive Relief Consent Orders Land Subdivision Amendment of Pleadings

Case Brief

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Parties

Rhoda Muthoki Kioko Wambua

Plaintiff

Samuel Waithaka Kiige

Plaintiff

Monica Nzilani Kimuya alias Emily Nzilani Kimeu

Defendant

Michael Muli Musyoki

Defendant

Quadco Fifity Two Limited

Defendant

Malili Ranch Limited

Defendant

Procedural Posture

Notice of Motion / Ruling on Interlocutory Application for Injunction and Amendment of Plaint

Legal Issues

  1. 1 Whether the plaintiffs are entitled to injunctive orders restraining the 2nd defendant from dealing with the suit properties pending determination of the suit.
  2. 2 Whether the plaintiffs should be granted leave to amend the plaint to reflect the correct property description.
  3. 3 Whether the plaintiffs have established a prima facie case for the grant of an injunction.

Ratio Decidendi

The plaintiffs entered into a consent order with the defendants on 19th July, 2018, which allowed the defendants to facilitate the survey and subdivision of the suit property, with the plaintiffs to bear the costs of subdivision and transfer. The plaintiffs did not challenge or seek to set aside this consent order and failed to pay the required costs or participate in the subdivision process. The property was subsequently subdivided and titles issued to all beneficiaries except the plaintiffs, who did not collect their documents. The court found that the application for injunctive relief was overtaken by events, as the subdivision and issuance of titles had already occurred, and...

Court Disposition

Plaintiffs' application for injunction dismissed; leave to amend plaint granted.

Orders

  • Plaintiffs are granted leave to amend the plaint in terms of the draft amended plaint within fourteen (14) days from the date of the ruling.
  • Each party to bear his own costs.