[2015] KEELC 42 (KLR)
The court found that the plaintiffs/applicants are the legal administrators of the estate of Simon Ryboy Mwangi (deceased), who is the registered proprietor of the suit property. The title deed and grant of probate were produced as evidence. The 1st defendant/respondent's alleged acts of trespass were not rebutted,...
Source-derived case information.
- Citation
- [2015] KEELC 42 (KLR)
- Parties
- Applicant: Hannah Waruguru Mwangi; Applicant: Paul Mwaura Mwangi; Respondent: Salome Wanjiru Gitoho; Respondent: District Land Registrar, Muranga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 140 of 2015
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction
- Outcome
- Interlocutory injunction granted in favour of the plaintiffs/applicants; costs in the cause.
- Judges
- BN Olao
- Legal Topics
- Injunctive Relief, Land Title Registration, Trespass to Land, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hannah Waruguru Mwangi
Applicant
Paul Mwaura Mwangi
Applicant
Salome Wanjiru Gitoho
Respondent
District Land Registrar, Muranga
Respondent
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiffs/applicants are entitled to an interlocutory injunction restraining the 1st defendant/respondent from interfering with the suit property.
- 2 Whether the plaintiffs/applicants have established a prima facie case for the grant of the orders sought.
Ratio Decidendi
The court found that the plaintiffs/applicants are the legal administrators of the estate of Simon Ryboy Mwangi (deceased), who is the registered proprietor of the suit property. The title deed and grant of probate were produced as evidence. The 1st defendant/respondent's alleged acts of trespass were not rebutted, as the application was unopposed. Applying the principles for granting interlocutory injunctions, the court was satisfied that the plaintiffs/applicants had established a prima facie case and were entitled to the orders sought. The court therefore granted the interlocutory injunction restraining the 1st defendant/respondent from interfering with the suit property pending the...
Court Disposition
Interlocutory injunction granted in favour of the plaintiffs/applicants; costs in the cause.
Orders
- An interlocutory injunction is hereby issued restraining the 1st defendant/respondent, her servants, agents and/or any other persons claiming through her from entering, attempting to enter, trespassing, ploughing and/or working on land parcel No. NGINDA/SAMAR/BLOCK 2/728 and/or interfering with the...
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
ELC CASE NO. 140 OF 2015
HANNAH WARUGURU MWANGI
PAUL MWAURA MWANGI as Administrators and legal Representatives of
SIMON RYBOY MWANGI (DECEASED)…….PLAINTIFFS/APPLICANTS
VERSUS
SALOME WANJIRU GITOHO……………1ST DEFENDANT/RESPONDENT
DISTRICT LAND REGISTRAR
MURANGA……………………………………2ND DEFENDANT/RESPONDENT
RULING
By a plaint filed herein on 9th November 2015, the plaintiffs/applicants sought judgment against the defendants/respondents in the following terms:-
An order for perpetual injunction restraining the 1st defendant/respondent her servants, agents and/or any other persons claiming through her from entering,
attempting to enter, trespassing, ploughing and/or working on the plaintiffs/applicants land No. NGINDA/SAMAR/BLOCK 2/728 and/or interfering with the plaintiff/applicant’s usage and occupation of the same.
An order for cancellation of the registration of title made to the 1st defendant/respondent by the 2nd defendant/respondent in respect of land parcel No. NGINDA/SAMAR/BLOCK 2/728 and the registration of the title in respect of SIMON RYBOY MWANGI (deceased) be sustained.
Costs of this suit.
The plaintiffs/applicants’ case is that they are the legal administrators of the Estate of the late SIMON RYBOY MWANGI (deceased) who was at all material times the registered proprietor of parcel of land No. NGINDA/SAMAR/BLOCK 2/728 (hereinafter the suit property). On 15th October 2015, the 1st defendant/respondent trespassed onto the said suit property and damaged nappier grass as well as food crops hence this suit.
Simultaneously with the plaint, the plaintiff/applicants filed a Notice of Motion seeking orders restraining the 1st defendant/respondent from attempting to enter, trespassing, removing, ploughing and/or carrying out any un-authorized works or interfering with the plaintiffs/applicants possession of the suit property pending the hearing of this suit. Though served with this application, neither of the two defendants/respondents filed any response to the same. The application is therefore un-opposed.
I have considered the application together with the supporting documents.
It is clear from the annexed title deed in respect of the suit property that the same is registered in the names of the late SIMON RYBOY MWANGI (deceased). It is also clear from the grant of probate issued in High Court Succession Cause No. 1804 of 2009 on 2nd February 2010 that the plaintiffs/applicants are the legal representatives of the deceased and therefore entitled to bring these proceedings. The acts of trespass alleged against the 1st defendant/respondent have not been rebutted.
In the circumstances, I am satisfied that the plaintiffs/applicants have satisfied me that they are entitled to the order sought in their Notice of Motion filed hereon on 9th November 2015. The same is therefore allowed with costs being in the cause.
B.N. OLAO
JUDGE
27TH NOVEMBER, 2015
27/11/2015
Before
B.N. Olao – Judge
Mwangi - CC
Mr. Mwangi for Njoroge for Plaintiffs – present
Defendants- absent
COURT: Ruling delivered, dated and signed this 27th day of November, 2015 in open Court.
B.N. OLAO
JUDGE
27TH NOVEMBER, 2015