[2006] KEHC 3115 (KLR)

[2006] KEHC 3115 (KLR)

Given the familial relationship of the parties and the unclear circumstances under which the suit land was transferred to the 1st Respondent, there is a plausible claim that the land may have been held in trust. If the land is disposed of before the suit is finalized, the applicants may be prejudiced should they succeed in their claim. The court finds it appropriate to preserve the status quo by issuing an order of inhibition to prevent any dealings with the suit land until the substantive suit is heard and determined. This ensures that the subject matter of the dispute is not rendered nugatory by subsequent transactions.

Citation
[2006] KEHC 3115 (KLR)
Parties
Applicant: Eunice Wangechi Kimotho; Applicant: Grace Wambui; Applicant: Jane Njeri; Applicant: Nancy Nyawira; Applicant: Irene Wamuyu; Respondent: Helina Ngima Kimotho; Respondent: Florence Wanjiru
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
21 March 2006
Case Number
Civil Case 96 of 2005
Procedural Posture
Civil Case / Ruling on Application for Inhibition
Outcome
Order of inhibition granted; no order as to costs.
Judges
GG Okwengu
Legal Topics
Trusts in Land, Inhibition Orders, Registered Land, Family Land Disputes
Source Language
English
Land and Property Trusts in Land Inhibition Orders Registered Land Family Land Disputes

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Parties

Eunice Wangechi Kimotho

Applicant

Grace Wambui

Applicant

Jane Njeri

Applicant

Nancy Nyawira

Applicant

Irene Wamuyu

Applicant

Helina Ngima Kimotho

Respondent

Florence Wanjiru

Respondent

Procedural Posture

Civil Case / Ruling on Application for Inhibition

Legal Issues

  1. 1 Whether the 1st Respondent held the suit land in trust for the applicants and the 2nd Respondent.
  2. 2 Whether an order of inhibition should be granted to prevent further dealings with the suit land pending determination of the suit.

Ratio Decidendi

Given the familial relationship of the parties and the unclear circumstances under which the suit land was transferred to the 1st Respondent, there is a plausible claim that the land may have been held in trust. If the land is disposed of before the suit is finalized, the applicants may be prejudiced should they succeed in their claim. The court finds it appropriate to preserve the status quo by issuing an order of inhibition to prevent any dealings with the suit land until the substantive suit is heard and determined. This ensures that the subject matter of the dispute is not rendered nugatory by subsequent transactions.

Court Disposition

Order of inhibition granted; no order as to costs.

Orders

  • An order of inhibition is issued, inhibiting any dealings on land parcel No. Othaya/Kihugiru/1926 until this suit is heard and disposed of.
  • No order as to costs.