[2016] KEHC 866 (KLR)
The court found that the applicant and his family were in occupation of the disputed land parcels and that the 1st and 2nd defendants had not responded to the application despite being served, amounting to inordinate delay. The applicant established a prima facie case for the grant of interlocutory injunction and...
Source-derived case information.
- Citation
- [2016] KEHC 866 (KLR)
- Parties
- Applicant: Ezekiel Miriti (suing on behalf of the estate of M'Ibui M'Lingera M'Muthuiba); Defendant: John Mati and 4 others
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 19 of 2016
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Injunctions, Land Ownership Disputes, Fraudulent Transfer of Land, Succession Without Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ezekiel Miriti (suing on behalf of the estate of M'Ibui M'Lingera M'Muthuiba)
Applicant
John Mati and 4 others
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant is entitled to interlocutory injunction restraining the defendants from interfering with the suit land pending determination of the suit.
- 2 Whether inhibition orders should be issued against further dealings in the suit land parcels pending the hearing and determination of the matter.
- 3 Whether the defendants' delay in responding to the application affects the outcome.
Ratio Decidendi
The court found that the applicant and his family were in occupation of the disputed land parcels and that the 1st and 2nd defendants had not responded to the application despite being served, amounting to inordinate delay. The applicant established a prima facie case for the grant of interlocutory injunction and inhibition orders to preserve the suit property pending the hearing and determination of the suit. The court noted that interim orders had already been granted and, in the absence of opposition, allowed the application and granted the substantive prayers sought for injunctive and inhibition relief. Costs were ordered to be in the cause.
Court Disposition
application allowed
Orders
- An order of injunction restraining the 1st and 2nd defendants/respondents, their servants, assignees or anyone acting at their behest from entering, dealing in whatever manner or interfering with the plaintiff's occupation of land parcel No. Kangeta/Kangeta/7946 and 2627 pending the hearing and determination of this...
- Inhibition orders issued against any further dealing in land parcel No. Kangeta/Kangeta/7946 and 2627 pending the hearing and determination of this matter or until further orders of the court.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC NO. 19 OF 2016
EZEKIEL MIRITI (SUING ON BEHALF OF THE ESTATE OF M'IBUI
M'LINGERA M'MUTHUIBA)................APPLICANT/RESPONDENT
VS
JOHN MATI AND 4 OTHER............DEFENDANTS/RESPONDENTS
RULING
1. This application is dated 13th April, 2016 and seeks orders;
1. That the honourable court be pleased to certify this application as urgent and hear it ex-parte in the first instance.
2. That the Honourabel court be pleased to issue an order of injunction restraining the 1st and 2nd defendants/respondents, whether by themselves and/or their servants,assignees or anyone else acting at their behest from entering, dealing in whatever manner or interfering with plaintiff's occupation of land parcel No. KANGETA/KANGETA/7946 and 2627 pending the hearing and determination of this application.
3. That the Honourable court be pleased to issue an order of injunction restraining the 1st and 2nd defendants/respondents, whether by themselves and/or their servants,assignees or anyone else acting at their behest from entering, dealing in whatever manner or interfering with plaintiff's occupation of land parcel No. KANGETA/KANGETA/7946 and 2627 pending the hearing and determination of this suit.
4. That the honourable court be pleased to issue inhibition orders against any further dealing in land parcel No. Kangeta/Kangeta/7946 and 2627 pending the hearing and determination of this application.
5. That the honourable court be plead to issue inhibition orders against any further dealing in land parcel No. Kangeta/Kangeta/7946 and 2627 pending the hearing and determination of this matter/or until further orders of this court.
6. That costs of this application be provided.
2. The application is supported by the affidavit of Ezekiel Miriti and has the following grounds;
1. THAT the plaintiff and his family are in occupation of land parcel No. Kangeta/Kangeta 2627 and 7946.
2. The 1st defendant who is brother to the plaintiff colluded with the 3rd and 4th defendants to have the suit land transferred to him and sub-divided the same fraudulently, illegally and without filing a succession cause or without knowledge or consent of the family of the deceased and transferring part of the same to the 2nd defendant.
3. The 1st and 2nd defendant have threatened to evict the plaintiff and his family from the suit land which is the Plaintiff's share of their deceased father's land.
4. The Plaintiff is in occupation and use of the Suitland and further has extensively developed the same.
3. Mr Mutembei, for the plaintiff/applicant told the court that the defendants have not responded to his application even though it was served upon them way back in April, 2016. He asked the court to allow the application.
4. Mr Kimathi for the 3rd, 4th and 5th defendants told the court that he was not opposed to the application being allowed.
5. I agree that the defendants are guilty of inordinate delay in responding to the application. I note that interim orders in terms of prayers 2 and 4 were granted on 14/4/2016 over seven months ago.
6. In the circumstances, I do allow the application. Prayers 3 and 5 are granted.
7. Costs shall be in the cause.
8. It is so ordered.
Delivered in open court at Meru this 30th day of November, 2016 in the presence of:
C.ADaniel /James
Mburugu for Mutembei for applicant
P. M. NJOROGE
JUDGE