[2014] KEHC 268 (KLR)
The court found that the applicant had established sufficient grounds for the grant of interlocutory orders. The subject property was at risk of being transferred or disposed of by the 1st defendant, who was alleged to have been fraudulently registered as owner. The respondents did not oppose the application. In the...
Source-derived case information.
- Citation
- [2014] KEHC 268 (KLR)
- Parties
- Plaintiff: Grace Guantani M'Mugwika (suing as an administratrix of the estate of Justus Rugwaru alias M'Mugwika M'Mugaine); Defendant: Jason Thuranira; Defendant: PS Ministry of Lands & Settlement; Defendant: Director of Land Adj & Settlement; Defendant: The Minister for Lands and Settlement; Defendant: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 90 of 2007
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application for Injunction and Inhibition
- Outcome
- Application allowed. Temporary injunction and inhibition granted. Costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Injunctions, Land Title Disputes, Fraudulent Registration, Preservation of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Guantani M'Mugwika (suing as an administratrix of the estate of Justus Rugwaru alias M'Mugwika M'Mugaine)
Plaintiff
Jason Thuranira
Defendant
PS Ministry of Lands & Settlement
Defendant
Director of Land Adj & Settlement
Defendant
The Minister for Lands and Settlement
Defendant
Hon. Attorney General
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application for Injunction and Inhibition
Legal Issues
- 1 Whether a temporary injunction should issue to restrain the 1st defendant from transferring, alienating, selling or disposing of L. R. KIIRUA/NKANDO/510 pending determination of the suit.
- 2 Whether an order of inhibition should be granted against L. R. KIIRUA/NKANDO/510 to preserve the subject matter.
- 3 Whether the plaintiff has demonstrated a prima facie case with a likelihood of irreparable harm if the orders are not granted.
Ratio Decidendi
The court found that the applicant had established sufficient grounds for the grant of interlocutory orders. The subject property was at risk of being transferred or disposed of by the 1st defendant, who was alleged to have been fraudulently registered as owner. The respondents did not oppose the application. In the interest of justice and to preserve the subject matter pending the hearing and determination of the main suit, the court allowed the application for temporary injunction and inhibition. Costs were ordered to be in the cause.
Court Disposition
Application allowed. Temporary injunction and inhibition granted. Costs in the cause.
Orders
- A temporary order of injunction is granted restraining the 1st defendant, his agents or servants from transferring, alienating, selling or disposing of L. R. KIIRUA/NKANDO/510 pending the hearing and determination of the suit.
- An order of inhibition is granted against L. R. KIIRUA/NKANDO/510 pending the hearing and determination of the suit.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 90 OF 2007
GRACE GUANTANI M'MUGWIKA
(SUING AS AN ADMINISTRATRIX OF THE ESTATE OF JUSTUS RUGWARU
ALIAS M'MUGWIKA M'MUGAINE)..............PLAINTIFF/RESPONDENT
VERSUS
JASON THURANIRA.................................................1ST DEF./RESPDNT.
PS MINISTRY OF LANDS & SETTLEMENT..............2ND DEF./RESPDNT.
DIRECTOR OF LAND ADJ & SETTLEMENT.............3RD DEF./RESPDNT
THE MINISTER FOR LANDS ANDSETTLEMENT.............................4TH DEFENDANT/RESPONDENT
HON. ATTORNEY GENERAL......................................5TH RESPONDENT
R U L I N G
This application is dated 27th May, 2014 and seeks orders:
That this honourable court be pleased to certify this matter as urgent and dispense with service in the first instance.
That this honourable court be pleased to grant a temporary order of injunction against the 1st defendant, his agents or servants to restrain him from transferring, alienating, selling or disposing off L. R. KIIRUA/NKANDO/510 the subject matter herein pending the hearing and determination of this application.
That this honourable court be pleased to grant an order of inhibition against L. R. KIRUA/NKANDO/510 the subject matter herein pending the hearing and determination of this application and the main suit.
That this honourable court be pleased to grant an order of injunction against the 1st defendant, his agents or servants from transferring, alienating, selling or disposing off L. R. KIIRUA/NKANDO/510 pending the hearing and determination of this suit.
That costs of this application be in the cause.
It is based against the following grounds :
(a) That the subject matter herein is L. R. KIRUA/NKANDO/510.
(b) That the Land Register is now complete and once the title is issued in the names of the 1st defendant then he shall be at liberty to dispose off or sell the subject matter which shall render the plaintiff to suffer irreparable loss and damage.
(c)That indeed the 1st defendant was fraudulently registered as the owner of the subject matter which belongs to the plaintiff's deceased husband's estate.
(d) That it is in the interest of justice that the orders herein be issued to protect and preserve the subject matter pending the hearing and determination of this suit.
When the application came up for directions on 14. 10. 2014, it was clear that the r espondents had not opposed it.
In the circumstances it is allowed.
Costs shall be in the cause.
Delivered in Open Court this 14th day of October, 2014 in the presence of:
Cc. Lilian/Daniel
Muthami for Applicant
Keeti for Respondents.
P. M. NJOROGE
JUDGE