[2019] KEELC 3646 (KLR)
The court found that the application for inhibition and interlocutory injunction was unopposed, as the 1st defendant expressly declined to participate and the 2nd defendant was absent. In the absence of opposition and considering the supporting affidavit, the court was satisfied that the plaintiff had established a...
Source-derived case information.
- Citation
- [2019] KEELC 3646 (KLR)
- Parties
- Plaintiff: Esther Kanugu Muriungi; Defendant: John Mbaabu Mwithimbu; Defendant: Charles Gatobu Mwithimbu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 41 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition and Injunction
- Outcome
- Application allowed as drawn; orders of inhibition and injunction granted.
- Legal Topics
- Inhibition Orders, Interlocutory Injunctions, Eviction, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Kanugu Muriungi
Plaintiff
John Mbaabu Mwithimbu
Defendant
Charles Gatobu Mwithimbu
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition and Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to an order of inhibition restraining dealings in land parcel Ntirimiti/settlement Scheme/1210 pending hearing and determination of the suit.
- 2 Whether the plaintiff is entitled to an interlocutory injunction restraining the defendants from evicting her from the suit property until the case is heard and determined.
Ratio Decidendi
The court found that the application for inhibition and interlocutory injunction was unopposed, as the 1st defendant expressly declined to participate and the 2nd defendant was absent. In the absence of opposition and considering the supporting affidavit, the court was satisfied that the plaintiff had established a prima facie case warranting preservation of the suit property. The orders sought were necessary to prevent prejudice to the plaintiff's interest in the land pending the hearing and determination of the main suit. Accordingly, the application was allowed as drawn.
Court Disposition
Application allowed as drawn; orders of inhibition and injunction granted.
Orders
- An order of inhibition is hereby issued restraining any dealings in land parcel Ntirimiti/settlement Scheme/1210 until the suit is heard and determined.
- An order is hereby issued restraining the defendants from evicting the plaintiff from land parcel Ntirimiti/settlement Scheme/1210 until the suit is heard and determined.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONEMENT AND LAND COURT AT MERU
ELC CASE NO. 41 OF 2018
ESTHER KANUGU MURIUNGI………………………………. PLAINTIFF
VERSUS
JOHN MBAABU MWITHIMBU……………………….. 1ST DEFENDANT
CHARLES GATOBU MWITHIMBU…………………. 2ND DEFENDANT
RULING
1. Vide an application dated 15. 10. 2018 applicant/plaintiff is seeking orders of inhibition restraining any dealings in land parcel Ntirimiti/settlement Scheme/1210 until the suit is heard and determined. She is also seeking orders restraining the defendant from evicting her from the aforementioned suit parcel until the case is heard and determined. The application has a rather lengthy supporting affidavit.
2. When the application came up for hearing on 20. 3.2019 the 1st defendant was present, but not the second defendant. The 1st defendant informed the court that he would not file any defence and he would not participate in the matter either.
3. I find that the application stands an opposed. As such, the same is allowed as drawn.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 25TH DAY OF APRIL, 2019 IN THE PRESENCE OF:-
C/A: Kananu
Ashaba holding brief for Kithaka for applicant
Plaintiff
1st defendant
HON. LUCY. N. MBUGUA
ELC JUDGE