[2022] KEELC 15462 (KLR)
The court found that the plaintiffs had established a prima facie case with a probability of success regarding the five parcels of land for which they produced title deeds. The plaintiffs demonstrated that they are in occupation of these parcels, and the balance of convenience favoured them, especially since the...
Source-derived case information.
- Citation
- [2022] KEELC 15462 (KLR)
- Parties
- Plaintiff: Willy Gitau; Plaintiff: Irene Njeri Paul; Plaintiff: Yeunnah Wanjiru Muriuki; Plaintiff: Patrick Kangethe; Defendant: Alice Kirure; Defendant: Henry Leparayua; Defendant: Land Registrar, Ngong
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E036 of 2022
- Procedural Posture
- Environment and Land Case / Interlocutory Application (injunction)
- Outcome
- Application allowed in part.
- Judges
- MN Gicheru
- Legal Topics
- Injunctions, Ownership Disputes, Land Registration, Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Willy Gitau
Plaintiff
Irene Njeri Paul
Plaintiff
Yeunnah Wanjiru Muriuki
Plaintiff
Patrick Kangethe
Plaintiff
Alice Kirure
Defendant
Henry Leparayua
Defendant
Land Registrar, Ngong
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Application (injunction)
Legal Issues
- 1 Whether the plaintiffs are entitled to an interlocutory injunction restraining the defendants from interfering with their ownership, occupation, use, and registration of the specified parcels of land.
- 2 Whether the plaintiffs have established a prima facie case with a probability of success to warrant the grant of the injunction.
- 3 Whether the balance of convenience tilts in favour of the plaintiffs.
Ratio Decidendi
The court found that the plaintiffs had established a prima facie case with a probability of success regarding the five parcels of land for which they produced title deeds. The plaintiffs demonstrated that they are in occupation of these parcels, and the balance of convenience favoured them, especially since the defendants did not provide any evidence of ownership or file any opposition. The court limited the injunction to only those parcels for which documentary evidence was provided, granting the application in part and restraining the defendants from interfering with the plaintiffs' ownership, occupation, use, and registration of parcels Ngong/Ngong/100407, 100408, 100410, 100412, and...
Court Disposition
Application allowed in part.
Orders
- An order of injunction is issued restraining the defendants, their agents, and/or servants from interfering with the plaintiffs' ownership, occupation, use, and registration of parcels Ngong/Ngong/100407, 100408, 100410, 100412, and 100413 pending the hearing and determination of the suit.
Full Case Text
Judgment text and source record
29 paragraphs
Gitau & 3 others v Kirure & 2 others (Environment & Land Case E036 of 2022) [2022] KEELC 15462 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEELC 15462 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Case E036 of 2022
MN Gicheru, J
December 20, 2022
Between
Willy Gitau
1st Plaintiff
Irene Njeri Paul
2nd Plaintiff
Yeunnah Wanjiru Muriuki
3rd Plaintiff
Patrick Kangethe
4th Plaintiff
and
Alice Kirure
1st Defendant
Henry Leparayua
2nd Defendant
Land Registrar, Ngong
3rd Defendant
Ruling
1. This ruling is on the notice of motion dated April 19, 2022. The said motion is brought under order 41, rules 2 and 3 of the Civil Procedure Rules. It seeks one main prayer as follows. Pending the hearing and determination of this suit, an order of injunction do issue restraining the defendants by themselves, their agents and or servants from interfering with the plaintiffs’ ownership, occupation, use and registration of all those parcels of land known as Ngong/Ngong/100402- 100413.
2. The application is supported by an affidavit sworn by second plaintiff in which she deposes that she and her co- plaintiffs are the registered owners of all the parcels known as Ngong/Ngong/100402-100413 which they occupy. They purchased the property from one George Kamau Kihoke. The 6th defendant (there is no such defendant in this suit) has confiscated the plaintiffs’ green cards making it difficult to conduct a search which is a requirement in approval of development plans. Annexed to the affidavit are copies of the title deed for LR Ngong/Ngong/100407, 100408, 100410, 100412 and 100413.
3. The application is unopposed by the respondents. They were given up to 30th June to file and serve a replying affidavit. No such affidavit or grounds of opposition were filed either within or even outside the timelines.
4. I have considered the notice of motion carefully and I find that it has merit but only in respect of the five parcels whose title deeds have been annexed to the supporting affidavit. Firstly, the applicants have established a prima facie case with a probability of success. They have also proved that they are in occupation of the five parcels which tilts the balance of convenience in their favour. In contrast, the respondents have not annexed any documents of ownership to the five suit parcels whose copies of title deeds have been produced as evidence.For the above stated reasons, I allow the notice of motion dated April 19, 2022 in terms of prayer (d) but only in respect to parcels numbers 100407, 100408, 100410, 100412 and 100413 respectively.It is so ordered.
DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 20TH DAY OF DECEMBER, 2022. M.N. GICHERUJUDGE