[2017] KEHC 4861 (KLR)
The court found that the plaintiff had established a prima facie case for the grant of an inhibition order. She demonstrated that she had entered into a sale agreement with the defendant, took possession, and had made developments on the land. The defendant's actions in seeking to transfer the land to third parties,...
Source-derived case information.
- Citation
- [2017] KEHC 4861 (KLR)
- Parties
- Plaintiff: Joyce Nchege M'Imunya; Defendant: Ambrose Kamuru Nabea
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 45 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
- Outcome
- application allowed
- Judges
- LN Mbugua
- Legal Topics
- Land Sale Agreement, Inhibition Orders, Land Transfer Disputes
- Source Language
- en
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Summary, issues, holding and outcome
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Parties
Joyce Nchege M'Imunya
Plaintiff
Ambrose Kamuru Nabea
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
Legal Issues
- 1 Whether the plaintiff is entitled to an inhibition order over parcel No. TIGANIA/THANANGA/725 to prevent dealings pending determination of the suit.
- 2 Whether the plaintiff has demonstrated a prima facie case warranting the grant of interlocutory relief.
Ratio Decidendi
The court found that the plaintiff had established a prima facie case for the grant of an inhibition order. She demonstrated that she had entered into a sale agreement with the defendant, took possession, and had made developments on the land. The defendant's actions in seeking to transfer the land to third parties, despite the plaintiff's interest and occupation, posed a real risk of the suit land being alienated before the determination of the case. The absence of a response from the defendant left the plaintiff's averments unchallenged. The court exercised its discretion to grant the inhibition order to preserve the subject matter of the dispute pending the hearing and determination of...
Court Disposition
application allowed
Orders
- An order of inhibition is hereby issued for parcel No. TIGANIA/THANANGA/725.
- The order to be served upon Land Registrar Maua.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC CASE NO. 45 OF 2017
JOYCE NCHEGE M'IMUNYA...................PLAINTIFF
VERSUS
AMBROSE KAMURU NABEA..............DEFENDANT
RULING
1. The Notice of Motion dated 13th day of February, 2017 seeks the following orders:-
i. THAT the court be pleased to issue orders, inhibiting Parcel NO. TIGANIA/THANANGA/725 preventing any dealings on the register until hearing and determination of this application and this suit.
ii. THAT orders to be served upon Land Registrar Maua for compliance.
iii. THAT costs, interest and any other relief the courts deems to grant.
2. The application is supported by the affidavit of JOYCE NCHEGE M'IMUNYA and has the grounds:-
1. THAT she entered into a sale agreement with respondent on 28/10/2009 for purchase of 0. 45 acres out of TIGANIA/THANANGA/725.
2. THAT the respondent was the registered owner and he was to cause subdivision and showed her, her portion on the ground and she took exclusive occupation and possession of the suit land.
3. THAT she built a home thereon and planted tea bushes which she has been harvested and use this for her livelihood.
4. THAT she approached the defendant for transfer of the land but he became evasive.
5. THAT she then cautioned the land.
6. THAT later she talked and they agreed with respondent that she removes the caution so that he would transfer land to her.
7. THAT recently she learnt that the respondent is selling the said land to 3rd party.
8. THAT she went to Land Registrar Maua to caution the land but he declined and advised that she seek inhibition orders of the court.
9. THAT just last week the respondent had attended the Land Control Board Mikinduri transferring the land to a 3rd party and she intervened and stopped and he said he should do a special la board which is a back door attempting to deprive her of the land.
10. THAT if the land is not inhibited then the same can change hands any day.
3. The application was served, but no response has been filed. The application stands as un opposed. The application is allowed in the following terms:-
i. An order of inhibition is hereby issued for parcel No. TIGANIA/THANANGA/725.
ii. The order to be served upon Land Registrar Maua
iii. Costs in the cause.
DELIVERED IN OPEN COURT AT MERU THIS 5TH DAY OF APRIL, 2017 IN PRESENCE OF:-
CA: Janet
Applicant present
HON. L. N. MBUGUA
JUDGE