[2017] KEELC 107 (KLR)
The court found that although the plaintiff is no longer the registered proprietor of the suit property, he has established that he is in possession and has developed the land as his home and source of livelihood. The defendant, having not responded to the application, did not rebut the plaintiff's claims of...
Source-derived case information.
- Citation
- [2017] KEELC 107 (KLR)
- Parties
- Plaintiff: Harrison Mutethia Amburugwa; Defendant: Great Achievers Investment Group Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 236 of 2017
- Procedural Posture
- Interlocutory Injunction Application / Ruling on Interlocutory Application
- Outcome
- Interlocutory prohibitory injunction granted for eight months; no order as to costs.
- Legal Topics
- Interlocutory Injunctions, Land Title Disputes, Possession and Eviction, Registration of Land, Status Quo Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harrison Mutethia Amburugwa
Plaintiff
Great Achievers Investment Group Limited
Defendant
Procedural Posture
Interlocutory Injunction Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the plaintiff is entitled to an interlocutory prohibitory injunction restraining the defendant from interfering with his occupation of L.R. NO. NYAKI/THUURA/4185 pending determination of the suit.
- 2 Whether an inhibition should be registered against L.R. NO. NYAKI/THUURA/4185 to restrict dealings pending determination of the suit.
- 3 Whether the plaintiff has established a prima facie case for the preservation of the suit property.
Ratio Decidendi
The court found that although the plaintiff is no longer the registered proprietor of the suit property, he has established that he is in possession and has developed the land as his home and source of livelihood. The defendant, having not responded to the application, did not rebut the plaintiff's claims of fraudulent transfer and imminent threat of eviction. To prevent irreparable harm and preserve the status quo, the court granted the interlocutory prohibitory injunction restraining the defendant from interfering with the plaintiff's occupation of the suit land for a limited period of eight months, pending further orders or determination of the suit.
Court Disposition
Interlocutory prohibitory injunction granted for eight months; no order as to costs.
Orders
- An interlocutory prohibitory injunction is issued restraining the defendant from evicting the plaintiff, demolishing his houses, alienating, selling, transferring, or otherwise interfering with the plaintiff’s occupation of L.R. NO. NYAKI/THUURA/4185 for a period of eight months.
- No orders as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE. NO. 236 OF 2017
HARRRISON MUTETHIA AMBURUGWA………..………..………….PLAINTIFF
VERSUS
GREAT ACHIEVERS INVESTMENT GROUP LIMITED………… DEFENDANT
R U L I N G
1. The Notice of Motion dated 28th July, 2017 seeks the following orders:-
1) Spent.
2) That this Honourable Court be pleased to order that an inhibition be issued and the same be registered against L.R. NO. NYAKI/THUURA/4185 to restrict any dealings or transfer of the said parcel of land and the District Land Registrar , Meru Central be directed to register the said inhibition against the said parcel of land pending the hearing and determination of this application inter partes or until further Court orders and/or this suit.
3) That the Honourable Court be pleased to issue an order of an interlocutory prohibitory injunction restraining the defendant by itself, its servants and/or agents or anybody else acting on its behest, direction, control or authority from evicting the Plaintiff , demolishing his houses, alienating, selling, transferring and/or in any other way whatsoever interfering with the plaintiff’s quiet , peaceful, uninterrupted, actual and exclusive occupation and enjoyment in respect of the suit land L.R. NO. NYAKI/THUURA/4185 pending the hearing and determination of this application inter partes or until further Court orders and/or this suit.
4) That the costs of this application be provided for.
2. The application is based on the grounds:-
1) That the Plaintiff/Applicant has been and is in possession of the suit land L.R. NO. NYAKI/THUURA/4185 and has fully extensively developed the same.
2) That the Defendant has fraudulently transferred the plaintiff’s parcel of land L.R. NO. NYAKI/THUURA/4185 in its name and is now secretly and stealthily seeking to sell the same to a 3rd buyer.
3) That the defendant is intent on forcibly evicting the plaintiff from the suit land and this Court’s intervention is necessary to stop impunity and hooliganism.
4) That the Honourable Court do preserve the suit land and the status quo prevailing thereon by granting the Prayers sought by the Plaintiff.
3. No response has been filed despite the fact that service was effected.
4. I note that Plaintiff is no longer the registered proprietor of the suit property. The land is registered in the name of the defendant. However, Plaintiff has averred that the Suitland is where he has put up a home. This is where he ekes out a living.
5. In the Circumstances, I am inclined to allow the application for a limited period.
6. Prayer 3 is hereby granted but for a period of eight months.
7. No orders as to costs.
DELIVERED, SIGNED AND DATED IN OPEN COURT AT MERU THIS 11TH OCTOBER, 2017 IN THE PRESENCE OF:-
CA: Janet
Plaintiff Present
Defendant Present
HON. L.N. MBUGUA
ELC JUDGE