[2015] KEHC 2887 (KLR)
The court found that the applicant had established sufficient grounds for urgency, as the 3rd interested party had commenced development on the suit property without being in occupation or user, and there was a real risk of irreparable harm if the property was alienated or interfered with before the main application...
Source-derived case information.
- Citation
- [2015] KEHC 2887 (KLR)
- Parties
- Applicant: George Kabayo as Legal Representative of the estate of M’Mboroki M'Iitaru; Respondent: District Land Adjudication Officer Tigania East/West; Respondent: Director of Land Adjudication; Interested Party: Nathaniel Maingi Thimangu as legal representative of Abendinego Imaingi Iburi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Constitutional Application 1 of 2012
- Procedural Posture
- Constitutional Application / Ruling on Certificate of Urgency
- Outcome
- Certificate of urgency allowed; application for temporary injunction to be heard inter partes.
- Judges
- FM Njoroge
- Legal Topics
- Land Adjudication, Interlocutory Injunctions, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Kabayo as Legal Representative of the estate of M’Mboroki M'Iitaru
Applicant
District Land Adjudication Officer Tigania East/West
Respondent
Director of Land Adjudication
Respondent
Nathaniel Maingi Thimangu as legal representative of Abendinego Imaingi Iburi
Interested Party
Procedural Posture
Constitutional Application / Ruling on Certificate of Urgency
Legal Issues
- 1 Whether the applicant is entitled to urgent interlocutory relief to restrain the interested party from developing or interfering with the suit property pending hearing and determination of the main application.
- 2 Whether the applicant will suffer irreparable harm if the orders are not granted.
Ratio Decidendi
The court found that the applicant had established sufficient grounds for urgency, as the 3rd interested party had commenced development on the suit property without being in occupation or user, and there was a real risk of irreparable harm if the property was alienated or interfered with before the main application could be heard. The court exercised its discretion to allow the certificate of urgency, thereby prioritizing the hearing of the pending application for a temporary injunction and restraining any further dealings with the property until the matter is heard inter partes.
Court Disposition
Certificate of urgency allowed; application for temporary injunction to be heard inter partes.
Orders
- The certificate of urgency is allowed.
- The application dated 20th March, 2013 will be heard inter partes on 29/09/2015.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CONSTITUTIONAL APPLICATION NO. 1 OF 2012
IN THE MATTER OF AN APPLICATION UNDER ARTICLE 165 (6)&(7) ART
159(2)(D)(E) ARTICLE 10(2)(b)259(1) CONSTITUTION OF KENYA
BETWEEN
GEORGE KABAYOas Legal Representative of the estate of
M’MBOROKI M'ITARU.........................................................APPLICANT
VERSUS
DISTRICT LAND ADJUDICATION OFFICER
TIGANIA EAST/WEST............................................1ST RESPONDENT
DIRECTOR OF LAND ADJUDICATION...............2ND RESPONDENT
NATHANIEL MAINGI THIMANGUas legal representative
OF ABENDINEGO IMAINGI IBURI.....................INTERESTED PARTY
RULING
This application is dated 17th September, 2015 and has grounded the Urgent hearing of the application dated 20th March 2015 upon the following reasons:-
1. The 3rd Interested party has started developing the suit property whereas they (sic) are not in user and occupation of the same.
2. That there is pending an application for temporally (sic) injunction same dated 20th March, 2013 which we pray the same be heard on priority basis so as to restrain any party herein from alienating, transferring developing as (sic) whatever interfering with the subject matter namely KIANJAI/ADJUDICATION Section 53 and 7382 and 9861 pending hearing and determination of the intact (sic) cause herein.
3. That if the 3rd interested party is not restrained on first instant (sic) the applicant stands to suffer consequential irreparable loss harm and damage hence the urgency of the matter.
I do find that this Certificate of Urgency application has merit.
It is, therefore, allowed.
The application dated 20th March, 2013 will be heard Interpartes on 29/09/2015.
It is so ordered.
Delivered in open Court at Meru this 22nd day of September, 2015 in the presence of:-
CC: Daniel/Lilian
Mutunga for the Applicant
P.M NJOROGE
JUDGE