[2014] KEHC 231 (KLR)
The court found that the plaintiffs had demonstrated sufficient grounds for the preservation of the suit land, L. R. No. NTIMA/IGOKI/8818, pending the hearing and determination of the suit. The plaintiffs established that the land is family property, that they have developed it, and that the first defendant holds it...
Source-derived case information.
- Citation
- [2014] KEHC 231 (KLR)
- Parties
- Plaintiff: George Mwiti Itwaruchiu; Plaintiff: Silas Muthee M'Turuchiu; Plaintiff: Gerald Murithi M'Ituruchiu; Defendant: Zipporah Mwari M'Twaruchiu; Defendant: Catherine Karwirwa; Defendant: Margaret Karamana; Defendant: Anna Kathoni; Defendant: Joseph Bundi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 169 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
- Outcome
- interlocutory orders granted in favour of the plaintiffs
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Family Land Disputes, Trusteeship, Land Preservation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mwiti Itwaruchiu
Plaintiff
Silas Muthee M'Turuchiu
Plaintiff
Gerald Murithi M'Ituruchiu
Plaintiff
Zipporah Mwari M'Twaruchiu
Defendant
Catherine Karwirwa
Defendant
Margaret Karamana
Defendant
Anna Kathoni
Defendant
Joseph Bundi
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
Legal Issues
- 1 Whether an order of inhibition should be issued to restrict dealings with L. R. No. NTIMA/IGOKI/8818 pending determination of the suit.
- 2 Whether the plaintiffs have established sufficient grounds for preservation of the suit land.
Ratio Decidendi
The court found that the plaintiffs had demonstrated sufficient grounds for the preservation of the suit land, L. R. No. NTIMA/IGOKI/8818, pending the hearing and determination of the suit. The plaintiffs established that the land is family property, that they have developed it, and that the first defendant holds it in trust for the family. The risk of the defendants selling the land and removing the caution registered against it would cause irreparable loss and prejudice to the plaintiffs. The respondents, despite being aware of the hearing date, failed to appear or contest the application. In the circumstances, the court confirmed the orders of inhibition as sought in prayers 3 and 4 of...
Court Disposition
interlocutory orders granted in favour of the plaintiffs
Orders
- An order of inhibition is issued and registered against L. R. No. NTIMA/IGOKI/8818 to restrict any kind of dealings and preserve the same pending hearing and determination of the suit.
- The order is to be served upon the District Land Registrar Meru for registration and compliance.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L NO. 169 OF 2014
GEORGE MWITI ITWARUCHIU..........................................................1ST PLAINTIFF
SILAS MUTHEE M'TURUCHIU..........................................................2ND PLAINTIFF
GERALD MURITHI M'ITURUCHIU....................................................3RD PLAINTIFF
VERSUS
ZIPPORAH MWARI M'TWARUCHIU...............................................1ST DEFENDANT
CATHERINE KARWIRWA................................................................2ND DEFENDANT
MARGARET KARAMANA................................................................3RD DEFENDANT
ANNA KATHONI..................................................................................4TH DEFENDANT
JOSEPH BUNDI....................................................................................5TH DEFENDANT
RULING
This application is dated 4th November, 2014 and seeks orders:
1. THATthis Honourable Court be pleased to certify this application as urgent and the same be heard exparte in the first instance.
2. THATpending the hearing of this application inter parties this Honourable Court be pleased to issue an Order of inhibition against L. R. No. NTIMA/IGOKI/8818 restricting any kind of dealings with the same.
3. THATpending the hearing and determination of this suit this Honourable Court be pleased to issue an order of inhibition and the same be registered against L. R. No. NTIMA/IGOKI/8818 to restrict any kind of dealings and preserve the same.
4. THATthe order issued herein be served upon the District Land Registrar Meru for registration and compliance.
5. THATthe costs of this application be provided for.
It has the following grounds:
(a) The defendants are determined to sell the suit land to wit L. R. No. NTIMA/IGOKI/8818 hence their determination to have the caution which is registered against the suit land removed.
(b) The plaintiffs have developed the suit land extensively with coffee, gravellia trees, bananas and napier grass.
(c) The suit land is family land and the first defendant holds the same as a trustee of the plaintiffs and other members of the family.
(d) There are no compelling reasons as to why the defendants are seeking to sell the family land.
(e) The first defendant has left her home and she is not willing to reside with the plaintiffs.
(f) The plaintiffs will suffer great loss, prejudice and damage if the land is sold.
(g) It is fair, just and equitable if the orders sought are granted.
During inter partes hearing on 27. 11. 2014, the respondents were not in Court although the court is satisfied that they were aware of this date. In the circumstances, I confirm prayers 3 and 4 in the application.
Costs shall be in the cause.
It is so ordered.
Delivered in Open Court at Meru this 27. 11. 2014 in the presence of:
Cc. Arimi
Muthomi for Plaintiffs/Applicant
P. M. NJOROGE
JUDGE