[2018] KEELC 3035 (KLR)
The court found that the Plaintiffs, as registered proprietors of the Suit Property, had demonstrated a prima facie case with a probability of success. The evidence showed that the Plaintiffs had not transferred the property and remained in occupation, yet the 1st and 2nd Defendants' names appeared in the Nairobi...
Source-derived case information.
- Citation
- [2018] KEELC 3035 (KLR)
- Parties
- Plaintiff: Erwin August Stillhard; Plaintiff: Suminder Sonia Stillhard-Sehmi; Defendant: Zeverchand Ramji Shah; Defendant: Wycliff Ken Lugwili; Defendant: Moses Ndirangu Itumia; Defendant: Chief Land Registrar
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 80 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction
- Outcome
- Temporary injunction granted in favour of the Plaintiffs.
- Judges
- AK Bor
- Legal Topics
- Injunctive Relief, Land Ownership, Title Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erwin August Stillhard
Plaintiff
Suminder Sonia Stillhard-Sehmi
Plaintiff
Zeverchand Ramji Shah
Defendant
Wycliff Ken Lugwili
Defendant
Moses Ndirangu Itumia
Defendant
Chief Land Registrar
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the Plaintiffs have established a prima facie case to warrant the grant of a temporary injunction against the Defendants.
- 2 Whether the Plaintiffs are entitled to protection from interference with their registered ownership and possession of the Suit Property pending determination of the suit.
Ratio Decidendi
The court found that the Plaintiffs, as registered proprietors of the Suit Property, had demonstrated a prima facie case with a probability of success. The evidence showed that the Plaintiffs had not transferred the property and remained in occupation, yet the 1st and 2nd Defendants' names appeared in the Nairobi City County Rates Department records. This irregularity, coupled with the Plaintiffs' apprehension of possible unlawful dealings by the Defendants, justified the grant of a temporary injunction to preserve the status quo and protect the Plaintiffs' proprietary interests pending the hearing and determination of the suit.
Court Disposition
Temporary injunction granted in favour of the Plaintiffs.
Orders
- Prayer 6 of the application dated 27/2/2018 is allowed, restraining the Defendants from leasing, charging, mortgaging, selling, transferring, subdividing, disposing of, or in any manner interfering with the Plaintiffs' peaceful and quiet enjoyment of L.R. No. 3734/541 pending hearing and determination of the suit.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC. CASE NO. 80 OF 2018
ERWIN AUGUST STILLHARD ............................. 1ST PLAINTIFF
SUMINDER SONIA STILLHARD-SEHMI ......... 2ND PLAINTIFF
VERSUS
ZEVERCHAND RAMJI SHAH .......................... 1ST DEFENDANT
WYCLIFF KEN LUGWILI ................................. 2ND DEFENDANT
MOSES NDIRANGU ITUMIA .......................... 3RD DEFENDANT
CHIEF LAND REGISTRAR .............................. 4TH DEFENDANT
RULING
The Plaintiffs who are the registered proprietors of the parcel of land known as L.R. No. 3734/541 (“the Suit Property”) situated in Lavington, Nairobi, seek a temporary injunction to restrain the Defendants or their agents from leasing, charging, mortgaging, selling, transferring, subdividing, disposing of, or in any manner interfering with the Plaintiffs’ peaceful and quiet enjoyment of the Suit Property pending hearing and determination of this suit.
When the Plaintiffs went to pay property rates on 14/2/2018 at the Nairobi County rates department, they were surprised to be issued with a receipt in the names of the 1st and 2nd Defendants yet they have never transferred the Suit Property and continue to be in occupation. They learnt that the 1st and 2nd Defendants presented a search to the Nairobi City County Rates Department which had entries showing their names. The Plaintiffs did a search on 23/2/2018 and found that they were still registered as the proprietors of the Suit Property. They were later issued a receipt by the Nairobi City County Rates Department for the rates payment in their names. The Plaintiffs are apprehensive that the Defendants may try and deal with the Suit Property.
The court is satisfied that the Plaintiffs have a prima facie case against the Defendants with a probability of success and allows prayer 6 of the application dated 27/2/2018.
Dated and delivered at Nairobi this 30th day of April 2018.
K. BOR
JUDGE
In the presence of: -
Ms. Ronoh holding brief for Mr. Litoro for the Plaintiff
Mr. V. Owuor- Court Assistant
No appearance for the Defendant