[2011] KEHC 2445 (KLR)

[2011] KEHC 2445 (KLR)

The court found that the substantive prayers for rectification of the register and cancellation of the transfer were final in nature and thus inappropriate for determination at the interlocutory stage. The court emphasized that interlocutory applications are not the proper forum for granting final relief, which should only be considered after a full hearing of the suit. However, the court exercised its inherent jurisdiction to preserve the status quo by granting a temporary restraining order in terms of prayer 2, pending the hearing and determination of the main suit. The application was otherwise dismissed, with costs in the cause.

Citation
[2011] KEHC 2445 (KLR)
Parties
Plaintiff: Felix Kiprono Kemboi; Defendant: Barclays Bank (K) Ltd; Defendant: Garam Investments
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
25 May 2011
Case Number
Civil Suit 75 of 2008
Procedural Posture
Civil Suit / Ruling on Interlocutory Application
Outcome
application dismissed with interim order granted
Legal Topics
Rectification of Register, Fraudulent Transfer of Land, Statutory Power of Sale, Injunctive Relief, Land Charge Disputes
Source Language
English
Land and Property Civil Procedure Rectification of Register Fraudulent Transfer of Land Statutory Power of Sale Injunctive Relief Land Charge Disputes

Case Brief

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Parties

Felix Kiprono Kemboi

Plaintiff

Barclays Bank (K) Ltd

Defendant

Garam Investments

Defendant

Procedural Posture

Civil Suit / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the plaintiff fraudulently interfered with the land register to conceal charges in favour of the 1st defendant.
  2. 2 Whether the court should order rectification of the land register and cancellation of the transfer of Title No. Kapsabet Municipality/393.
  3. 3 Whether interlocutory orders sought are appropriate at this stage.

Ratio Decidendi

The court found that the substantive prayers for rectification of the register and cancellation of the transfer were final in nature and thus inappropriate for determination at the interlocutory stage. The court emphasized that interlocutory applications are not the proper forum for granting final relief, which should only be considered after a full hearing of the suit. However, the court exercised its inherent jurisdiction to preserve the status quo by granting a temporary restraining order in terms of prayer 2, pending the hearing and determination of the main suit. The application was otherwise dismissed, with costs in the cause.

Court Disposition

application dismissed with interim order granted

Orders

  • The entire application is dismissed.
  • An order is granted restraining the plaintiff from offering for sale, transferring, charging or dealing in any other manner with the subject parcels of land pending hearing and determination of the suit.