[2017] KEELC 3455 (KLR)
The court found that the fulcrum of the dispute is the suit land and that there is a risk of its alienation by the defendant, which could complicate or defeat the purpose of the litigation. To protect the integrity of the process and ensure that the subject matter remains available for adjudication, the court...
Source-derived case information.
- Citation
- [2017] KEELC 3455 (KLR)
- Parties
- Plaintiff: Gerald Kajogo Iguna; Defendant: Muriungi Makembo Solomon
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 29 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
- Outcome
- Interlocutory inhibition order granted; costs in the cause; directions for compliance and further mention issued.
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Interlocutory Injunctions, Land Disputes, Preservation of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gerald Kajogo Iguna
Plaintiff
Muriungi Makembo Solomon
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
Legal Issues
- 1 Whether the court should issue an order of inhibition to prevent dealings with Land Reference No. THARAKA/NKONDI “A”/527 pending determination of the suit.
- 2 Whether the plaintiff has demonstrated sufficient grounds for the preservation of the suit property.
Ratio Decidendi
The court found that the fulcrum of the dispute is the suit land and that there is a risk of its alienation by the defendant, which could complicate or defeat the purpose of the litigation. To protect the integrity of the process and ensure that the subject matter remains available for adjudication, the court exercised its discretion to grant the inhibition order sought by the plaintiff. The court further directed compliance with pre-trial procedures and set a date for further directions.
Court Disposition
Interlocutory inhibition order granted; costs in the cause; directions for compliance and further mention issued.
Orders
- An order of inhibition is issued inhibiting any dealings with Land Reference No. THARAKA/NKONDI “A”/527 until the suit is heard and determined or until further orders of the court.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 29 OF 2017
FORMERLY MERU ELC CASE NO. 51 OF 2015
GERALD KAJOGO IGUNA……………………………………..PLAINTIFF
VERSUS
MURIUNGI MAKEMBO SOLOMON…………………………….SOLOMON
RULING
1. This application is dated 2nd July, 2015 and seeks orders:
1. That this application be certified as urgent and be heard exparte in the first instance.
2. That this honourable court be pleased to issue an order of inhibition inhibiting any dealings with Land Reference No.THARAKA/NKONDI “A”/527 until this suit is heard and determined or until further orders of this court.
3. That costs of this application be provided for.
2. The application is supported by the affidavit of GERALD KAJOGO IGUNA and has the following grounds:-
a) That the Defendant stole the Plaintiff’s land while the Plaintiff was away.
b) That Clan elders have besought the Defendant to transfer the land to the Plaintiff but the Defendant is adamant.
c) That the Defendant is looking for a buyer to dispose of the land and complicate issues.
d) That it is important for the court to intervene and preserve the suit property.
3. The parties have put in written submissions.
4. I have carefully considered the pleadings, submissions and the authorities proffered by the parties to buttress their respective propositions.
5. To protect the integrity of the process where the fulcrum of the suit is the disputed land, I find it right and just to grant the prayer for inhibition.
6. In the circumstances, prayer 2 is granted.
7. Costs shall be in the cause.
8. The plaintiff is ordered to comply with order 11, CPR, within 14 days and the defendant is to do so within 14 days after receipt of the plaintiff’s compliance documents.
9. Parties to come back to court for directions on 5. 4.2017.
10. It is so ordered.
Delivered in open court at Chuka this 8th day of March, 2017 in the presence of:
CA: Ndegwa
Miss Mbaikiata for the plaintiff
Miss Wanjohi for the defendant
P.M. NJOROGE
JUDGE