[2020] KEELC 1267 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of interlocutory relief to preserve the status quo and prevent irreparable harm pending the inter partes hearing. The applicant's possession and enjoyment of parcel KIERA/MAGUTUNI/98 was at risk of interference by the respondents,...
Source-derived case information.
- Citation
- [2020] KEELC 1267 (KLR)
- Parties
- Applicant: Esther Muguru Njeri Njoroge Micheni; Respondent: Ian Karani Kamunde; Respondent: Francis Kamundi Munyua; Respondent: The Land Registrar Tharaka Nithi County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E001 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Interlocutory Application
- Outcome
- Interlocutory orders granted ex parte pending inter partes hearing.
- Legal Topics
- Interlocutory Injunctions, Inhibition Orders, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Muguru Njeri Njoroge Micheni
Applicant
Ian Karani Kamunde
Respondent
Francis Kamundi Munyua
Respondent
The Land Registrar Tharaka Nithi County
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Interlocutory Application
Legal Issues
- 1 Whether the applicant is entitled to an inhibition order against parcel KIERA/MAGUTUNI/98 pending inter partes hearing.
- 2 Whether a temporary injunction restraining the respondents from interfering with the applicant's possession and use of the land should be granted.
- 3 Whether service of process on the 1st respondent via electronic mail is appropriate due to his residence in Germany.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of interlocutory relief to preserve the status quo and prevent irreparable harm pending the inter partes hearing. The applicant's possession and enjoyment of parcel KIERA/MAGUTUNI/98 was at risk of interference by the respondents, and the urgency of the matter justified ex parte orders. The court exercised its discretion to grant an inhibition order, a temporary injunction, and alternative status quo orders to ensure that the subject land was not dealt with or interfered with before the respondents could be heard. Additionally, the court allowed service on the 1st respondent via electronic mail due to his...
Court Disposition
Interlocutory orders granted ex parte pending inter partes hearing.
Orders
- Prayers 1, 2, 3, and 5 of the application are granted pending inter partes hearing.
- Prayer 7 is granted.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. E001 OF 2020
ESTHER MUGURU NJERI NJOROGE
MICHENI...............................................................APPLICANT
VERSUS
IAN KARANI KAMUNDE............................1ST RESPONDENT
FRANCIS KAMUNDI MUNYUA................2ND RESPONDENT
THE LAND REGISTRAR THARAKA NITHI
COUNTY ....................................................3RD RESPONDENT
RULING
1. This application is dated 23rd September, 2020 and seeks, inter alia, the following orders:
1. This application be certified as urgent and be heard ex-parte in the first instance due to the urgent nature of the reliefs sought and service of this application be dispensed with.
2. THAT leave is hereby granted that the 1st Respondent be served through electronic mail since he is a German Resident.
3. THAT this Honourable Court be pleased to order that an inhibition be issued and the same be registered against parcel No. KIERA/MAGUTUNI/98 to restrict any dealings or transfer of the said parcel of land and the District Land Registrar Chuka be directed to register the inhibition against the parcel of land pending the hearing and determination of this Application inter partes or until further orders of this Honourable Court.
4. THAT this Honourable Court be pleased to issue a temporary order of injunction restraining the Respondents whether by themselves, their servants, agents, or any person whomsoever from doing any of the following acts that is to say evicting, demolishing the Applicant’s houses, selling, leasing, charging or otherwise howsoever interfering with the Applicant’s quiet, peaceful, actual and exclusive possession, cultivation, user, development and enjoyment of the parcel of land known as Title Number KIERA/MAGUTUNI/98 pending the hearing and determination of this Application inter partes.
5. IN THE ALTERNATIVE this Honourable court be pleased to order the status quo prevailing as at April, 2017 regarding possession, user, occupation and registration of the parcel of land known as Title Number KIERA/MAGUTUNI/98 by the Applicant pending the hearing and determination of this application inter partes or until further Court orders.
2. During exparte hearing, Mr. Okweh Achiando, through zoom, relied on the face of the grounds on the face of the apposite notice of motion and on the applicant’s supporting affidavit sworn on 23rd September, 2020.
3. Upon hearing the application, the following orders are issued:-
1. Prayers 1, 2, 3 and 5 in the application are granted pending interpartes hearing of the application.
2. Prayer 7 is granted.
3. Interpartes hearing will take place on 14. 10. 2020.
Heard via zoom and delivered electronically this 28th day of September, 2020 in the presence of:
CA: Ndegwa
Okweh Achiando for the applicant (via zoom)
P. M. NJOROGE,
JUDGE.