[2009] KEHC 2608 (KLR)
The court held that the applicant failed to establish a prima facie case as she did not provide any evidence that the suit parcels of land existed, nor did she demonstrate that they belonged to her late husband or were registered in the respondent's name. The absence of any documentary proof of ownership or interest...
Source-derived case information.
- Citation
- [2009] KEHC 2608 (KLR)
- Parties
- Plaintiff: Jane Wangithi Ngiri; Defendant: Samson Maganjo Gatei
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 41 of 2008
- Procedural Posture
- Civil Case / Ruling on Interlocutory Injunction Application
- Outcome
- application dismissed with costs to the respondent
- Judges
- J Karanja
- Legal Topics
- Interlocutory Injunctions, Burden of Proof, Ownership of Land, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wangithi Ngiri
Plaintiff
Samson Maganjo Gatei
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the applicant has established a prima facie case to warrant the grant of an interlocutory injunction.
- 2 Whether the applicant has demonstrated ownership or interest in the suit parcels of land.
- 3 Whether the absence of evidence of ownership is fatal to the application.
Ratio Decidendi
The court held that the applicant failed to establish a prima facie case as she did not provide any evidence that the suit parcels of land existed, nor did she demonstrate that they belonged to her late husband or were registered in the respondent's name. The absence of any documentary proof of ownership or interest in the land was fatal to the application. Consequently, the court found the application devoid of merit and dismissed it with costs to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application for interlocutory injunction is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Civil Case 41 of 2008
JANE WANGITHI NGIRI…………………………………….PLAINTIFF
VERSUS
SAMSON MAGANJO GATEI……………………………DEFENDANT
RULING
The application is dated 16/9/2008. The same is premised on order XXXIX R. 1 of the Civil Procedure Rules Section 3 A and 63 (c) of the Civil Procedure Act. I wish to state that the inclusion of Section 3A C.P.A was Otiose but it does not warrant the dismissal of the application as submitted by counsel for the Respondent herein. The applicant seeks an order of injunction against the Respondent, his servants, agents etc from interfering in any manner with parcels of land No. MWEA/TEBERE/ B 616,624 and 625 pending the determination of the main suit. The same is supported by the grounds on its face and the applicant’s affidavit dated 16/9/2008. It is opposed vide the grounds of opposition dated 26/9/2008. I have considered the said grounds, affidavit and the law applicable in this matter. I have also considered both counsels’ oral address to court. I note that there is no annexure by either party to show that the plots in question exist and if they do, who the registered owner is. This on its own makes the application a non-starter. A party seeking injunctive orders must first and foremost establish that he/she has a good case (or prime facie case) with a probability of success. That is the starting point. In this case, the plaintiff/applicant has dismally failed to establish that she has a prime facie case. She has failed to show that the plots in question belonged to her late husband at any one time. She has even failed to show that the same are now registered in the names of the respondent. She has not laid any basis whatsoever for her claim. Her application must therefore fail. I find the same devoid of merit and dismiss it with costs to the Respondent.
W. KARANJA
JUDGE
Delivered, signed and dated at Embu this 17th day of June 2009.
In presence of:- Mr. Maina and Mr. Munene for the parties.
W. KARANJA
JUDGE