[2015] KEHC 1232 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of an interlocutory injunction. The applicant and her siblings were in occupation of the suit land, which was registered in the defendant's name allegedly in trust for them, and they stood to suffer irreparable loss if evicted or if...
Source-derived case information.
- Citation
- [2015] KEHC 1232 (KLR)
- Parties
- Plaintiff: Hellen Kathure alias Kellen Kathure Miriti (Legal Rep. of the Estate of Hanibal Miriti Kanampiu - Deceased); Defendant: Barente M'Anampiu M,'Baranya alias Barente M'Anampiu M'Baranya
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 56 of 2015
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Application
- Outcome
- interlocutory injunction granted
- Judges
- FM Njoroge
- Legal Topics
- Trusts Over Land, Injunctive Relief, Family Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Kathure alias Kellen Kathure Miriti (Legal Rep. of the Estate of Hanibal Miriti Kanampiu - Deceased)
Plaintiff
Barente M'Anampiu M,'Baranya alias Barente M'Anampiu M'Baranya
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the plaintiff/applicant is entitled to an interlocutory injunction restraining the defendant from evicting or interfering with her occupation and use of the suit land pending determination of the suit.
- 2 Whether the defendant holds the suit land in trust for the plaintiff and her siblings.
- 3 Whether the plaintiff/applicant and her siblings will suffer irreparable loss if the injunction is not granted.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of an interlocutory injunction. The applicant and her siblings were in occupation of the suit land, which was registered in the defendant's name allegedly in trust for them, and they stood to suffer irreparable loss if evicted or if the land was disposed of before the suit was determined. The defendant, despite being served and aware of the hearing, failed to attend or contest the application. The court, therefore, confirmed the orders restraining the defendant from evicting or interfering with the applicant's occupation and use of the land, and issued a penal notice for non-compliance. Costs were ordered...
Court Disposition
interlocutory injunction granted
Orders
- An order of injunction restraining the defendant/respondent, his servants, agents, employees, assignees and/or anybody else acting on his behalf from evicting and/or interfering with the plaintiff/applicant and her siblings' occupation and use of LAND PARCEL NO. IGOJI/GIKUI/2414 pending the hearing and determination...
- A penal notice for non-compliance with any order issued by the court is granted.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L NO 56 OF 2015
HELLEN KATHURE alias KELLEN KATHURE MIRITI (Legal REP. OF THE ESTATE OF HANIBAL MIRITI KANAMPIU -DECEASED …..................................................PLAINTIFF
VERSUS
BARENTE M'ANAMPIU M,'BARANYA alias
BARENTE M'ANAMPIU M'BARANYA.........................................................DEFENDANT
RULING
This application is dated 22/07/2015 and seeks orders:-
THATthis application be certified urgent owing to its urgent nature and the Honourable Court be pleased to hear the same ex-parte in the first instance and accordingly issue ex-parte orders.
THATthe Honourable Court be pleased to issue an order of injunction restraining the defendant/respondent, his servant, agents, employees, assignees and/or anybody else acting on his behalf from evicting and /or interfering with the plaintiff/applicant and her siblings' occupation and use of LAND PARCEL NO. IGOJI/GIKUI/2414 pending the hearing and determination of this suit.
THATthe Honourable Court be pleased to issue a Penal Notice for non compliance of any order and/or orders to be issued by this Honourable Court upon service.
THATthe Honourable Court be pleased to issue a Penal Notice for non compliance of any order and/or orders to be issued by this Honourable Court upon service.
THATthe costs of this suit be provided for.
It has the following grounds:-
LAND PARCEL NO. IGOJI/GIKUI/2414 is registered in the names of the Defendant/ Respondent herein to hold it in trust for the plaintiff/applicant and her siblings.
The said LAND PARCEL NO. IGOJI/GIKUI/2414 is a share of the family land which was to be transferred to the plaintiff/applicant's father one HANIBAL MIRITI KANAMPIU -DECEASED who was the son to the defendant/ respondent herein who died before the said land could be transferred to him.
The said LAND PARCEL NO. IGOJI/GIKUI/2414 is exclusively occupied and utilized by the plaintiff/applicant and her siblings who have extensively developed the said land.
The Plaintiff /applicant's parents namely HANIBAL MIRITI KANAMPIU and SCHOLARSTICAL KAGENDO MIRITI are interred in the said LAND PARCEL NO. IGOJI/GIKUI/2414.
The Defendant in complete breach of the trust and complete disregard of the plaintiff and her siblings occupation of LAND PARCEL NO. IGOJI/GIKUI/2414 is in the process of disposing off the same to a third party with the sole intention of having the plaintiff/applicant and her siblings denied their ancestral and /or family land.
The defendant /respondent is threatening to evict the plaintiff/applicant and her siblings from LAND PARCEL NO. IGOJI/GIKUI/2414.
Unless this application is allowed, the plaintiff and her siblings will suffer irreparable loss because they are orphans and have no other piece of land to live and eke their living.
It is only just and fair that this application be allowed.
No prejudice will be occasioned to the Defendant if the orders sought herein are granted because the defendant had a share of the ancestral land.
When this matter came up for directions on 12/10/2015, the applicant and his advocate were not in Court even though they were aware that this matter was coming to Court today. In the Circumstances, and to expedite the hearing of the main suit, I issue the following orders:-
Prayers 2 and 3 in the application are confirmed.
Prayer 4 is granted.
Costs shall be in the cause.
Delivered in Open Court at Meru this 12th day of October, 2015 in the presence of:-
Nyamu Nyaga for the applicant.
P. M. NJOROGE
JUDGE