[2011] KEHC 2546 (KLR)
The court found that the applicant, based on his averments, those of the vendor, and the proposed division of the property, had established a prima facie case warranting the preservation of the suit property. The court emphasized that, without delving into the merits of the substantive dispute, it was fair and just...
Source-derived case information.
- Citation
- [2011] KEHC 2546 (KLR)
- Parties
- Applicant: James Wambiru Mukabi; Respondent: Ann Wairimu Wanjohi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 237 of 2010
- Procedural Posture
- Civil Case / Ruling on Interlocutory Injunction
- Outcome
- temporary injunction granted
- Judges
- SP Ouko
- Legal Topics
- Injunctive Relief, Land Ownership Disputes, Preservation of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Wambiru Mukabi
Applicant
Ann Wairimu Wanjohi
Respondent
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the applicant has established a prima facie case for the grant of a temporary injunction.
- 2 Whether the suit property should be preserved pending the hearing and determination of the main suit.
Ratio Decidendi
The court found that the applicant, based on his averments, those of the vendor, and the proposed division of the property, had established a prima facie case warranting the preservation of the suit property. The court emphasized that, without delving into the merits of the substantive dispute, it was fair and just to issue a temporary injunction to maintain the status quo and prevent further construction or interference with the property until the matter could be fully heard and determined. The preservation of the property was necessary to ensure that the rights of the parties would not be prejudiced by actions taken before the final resolution of the dispute.
Court Disposition
temporary injunction granted
Orders
- A temporary injunction is issued in terms of paragraph 3 of the chamber summons dated 24th September, 2010 pending the hearing and determination of the suit.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL CASE NO. 237 OF 2010
JAMES WAMBIRU MUKABI.................................................................................................PLAINTIFF/APPLICANT
VERSUS
ANN WAIRIMU WANJOHI..............................................................................................DEFENDANT/RESPONDENT
RULING
The administrators of the estate of late Charles Njuguna Njau, Monica Njoki and Nicholas Njau decided to subdivide NYAHURURU MUNICIPALITY BLOCK 4/154 into three plots, NYAHURURU MUNICIPALITY BLOCK 4/182, 183 and 184. First they sold No.4/182 to the applicant and subsequently sold No. 4/183 and No.4/184 to the respondent.
The applicant now claims that the respondent has began to construct on No.4/182. The respondent, on the other hand is categorical that she is t A represented on the ground by No.4/184 and to the respondent plots B and C represented on ground by 4/183 and 4/182.
Without deciding the merit of the suit, it is sufficient to state that the applicant has, on the strength of his averments, those of the vendor as well as the proposed division, shown a prima facie case. As the dispute awaits resolution through a full hearing of the parties, it is only fair and just that the suit property be preserved.
For these reasons, there will be a temporary injunction in terms of paragraph 3 of the chamber summons dated 24th September, 2010 pending the hearing and determination of the suit herein.
Costs to be in the cause.
Dated, Delivered and Signed at Nakuru this 24th day of March, 2011.
W. OUKO
JUDGE