[2020] KEELC 1427 (KLR)
The court found that the plaintiffs had demonstrated sufficient grounds for the grant of an order of inhibition over L.R KIIRUA/NAARI-MAITEI/1083, as they had shown occupation, development, and a risk of irreparable loss if the register were altered before the suit's determination. The urgency of the matter was...
Source-derived case information.
- Citation
- [2020] KEELC 1427 (KLR)
- Parties
- Plaintiff: Eunice Mwaronja Kirimi; Plaintiff: Jacob Kirimi Philip; Defendant: Nkunja M’Twerandu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- ? 31 of 2020
- Procedural Posture
- Miscellaneous Application / Interlocutory Application Ruling
- Outcome
- Application partly allowed; inhibition order granted; other prayers deferred.
- Legal Topics
- Inhibition Orders, Temporary Injunctions, Adverse Possession, Maintenance of Status Quo
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Mwaronja Kirimi
Plaintiff
Jacob Kirimi Philip
Plaintiff
Nkunja M’Twerandu
Defendant
Procedural Posture
Miscellaneous Application / Interlocutory Application Ruling
Legal Issues
- 1 Whether the plaintiffs have established a prima facie case to warrant an order of inhibition against L.R KIIRUA/NAARI-MAITEI/1083 pending hearing and determination of the application and suit.
- 2 Whether the plaintiffs are entitled to a temporary injunction restraining the defendant from interfering with their occupation and developments on the disputed land.
Ratio Decidendi
The court found that the plaintiffs had demonstrated sufficient grounds for the grant of an order of inhibition over L.R KIIRUA/NAARI-MAITEI/1083, as they had shown occupation, development, and a risk of irreparable loss if the register were altered before the suit's determination. The urgency of the matter was recognized, and the court certified the application as urgent and granted the inhibition order pending further directions. The remaining prayers, including the temporary injunction, were deferred for hearing before the trial judge.
Court Disposition
Application partly allowed; inhibition order granted; other prayers deferred.
Orders
- The application is certified urgent.
- An order of inhibition is granted against L.R KIIRUA/NAARI-MAITEI/1083 pending the hearing and determination of this application.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRNMENT AND LAND COURT AT CHUKA
MERU ELC SUIT NO. 31 OF 2020 (O.S)
IN THE MATTER OF LR KIIRUA/NAARI-MAITEI/1083
AND
IN THE MATTER OF S. 17 AND 38 OF THE LIMITATION OF ACTIONS ACT
EUNICE MWARONJA KIRIMI......................................1ST PLAINTIFF
JACOB KIRIMI PHILIP..................................................2ND PLAINTIFF
-VERSUS-
NKUNJA M’TWERANDU...................................................DEFENDANT
RULING
1. This application is dated 10th August, 2020 and seeks the following orders:
1. That this Application be certified as urgent and service be dispensed with In the first instance.
2. That this Honorable court be pleased to grant an order of inhibition against L.R KIIRUA/NAARI-MAITEI/1083 the subject matter herein pending the hearing and determination of this application.
3. That this Honorable court be pleased to grant an order of inhibition against L.R KIIRUA/NAARI-MAITEI/1083 the subject matter herein pending the hearing and determination of this suit.
4. That this Honorable court be pleased to grant an order of Temporary injunction restraining the defendant his servants, agents or anyone at his behest from interfering with the plaintiff’s occupations and developments on one acre of land being part of L.R KIIRUA/NAARI-MAITEI/1083 pending the hearing the hearing and determination of this matter.
5. That the costs of this application be provided for:-
2. The application is supported by the affidavit of Eunice Mwaronja Kirimi, the 1st plaintiff, and has the following grounds:
a) That the plaintiffs have acquired rights over one (1)acre of land being part of L.R KIIRUA/NAARI-MAITEI/1083 and any change of the register shall complicate the hearing and determination of this suit.
b) That the plaintiffs have made immense developments on one acre out of L.R KIIRUA/NAARI-MAITEI/1083 the subject matter herein and there is need to have the status quo maintained pending the hearing and determination of this matter.
c) That the defendant need to be restrained from interfering with the subject matter otherwise the plaintiffs are likely to suffer irreparable loss and damage.
d) That the plaintiffs have raised a prima facie case with a probability of success
3. Due to Covid 19 concerns, this application has been handled in chambers without the physical appearance of the applicants.
4. Having perused the application and its annextures, I am of the opinion that the orders sought are merited.
5. Consequently, I issue the following orders:
i) The application is certified urgent.
ii) Prayer 2 is granted.
iii) Prayers 3, 4 and 5 will be canvassed before the Hon. Lady Justice Lucy Mbugua, at Meru and the parties are directed to appear before the Judge for directions and/or hearing on 20th August, 2020.
Delivered in Chambers at Chuka this 13th day of August, 2020 in the presence of:
CA: Ndegwa
P. M. NJOROGE,
JUDGE.