[2013] KEHC 950 (KLR)
The court found that it was necessary to preserve the suit property and prevent any party from altering its status or interfering with the occupation of the land pending the hearing and determination of the suit. The court exercised its discretion to grant an order of inhibition against the suit property, including...
Source-derived case information.
- Citation
- [2013] KEHC 950 (KLR)
- Parties
- Plaintiff: Julius Gatobu Magiri & 4 Others; Defendant: Patrick Murigu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 6 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition and Injunction
- Outcome
- interlocutory orders granted in part
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Injunctions, Inhibition Orders, Status Quo Orders, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Gatobu Magiri & 4 Others
Plaintiff
Patrick Murigu
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition and Injunction
Legal Issues
- 1 Whether the plaintiffs are entitled to an order of inhibition against the suit property pending determination of the suit.
- 2 Whether a temporary injunction restraining the defendant from interfering or evicting the plaintiffs from the suit land should be granted.
- 3 Whether the status quo should be maintained pending the hearing and determination of the suit.
Ratio Decidendi
The court found that it was necessary to preserve the suit property and prevent any party from altering its status or interfering with the occupation of the land pending the hearing and determination of the suit. The court exercised its discretion to grant an order of inhibition against the suit property, including its subdivisions, and directed that the status quo be maintained, meaning that the parties should remain as they are on the land, non-occupying parties should not move in, and no new developments should be undertaken. The court deemed these measures necessary to protect the interests of all parties and ensure that the subject matter of the dispute is preserved until the...
Court Disposition
interlocutory orders granted in part
Orders
- Status quo to be maintained: parties to remain as they are on the suit land; non-occupying parties not to move in; no new developments until suit is heard and determined.
- Order of inhibition to be registered against L.R. No. NKUENE/U-MIKUMBUNE/84 and its subdivisions (NKUENE/U-MIKUMBUNE/1724 to 1728) pending hearing of the suit.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC 6 OF 2012 (O.S.)
JULIUS GATOBU MAGIRI & 4 OTHERS............................PLAINTIFF
VERSUS
PATRICK MURIGU.............................................................DEFENDANT
R U L I N G
The application herein is dated 8th July, 2013 and seeks orders:
THATthis honourable court be pleased to certify this application as urgent and dispense with service in the first instance.
THATthis honourable court be pleased to grant an order of inhibition to be registered against LR. NKUENE/U-MIKUMBUNE/84 Pending the hearing of this application interparties.
THATthis honourable court be pleased to grant an order of inhibition to be registered against L.R. NKUENE/U-MIKUMBUNE/84 pending the hearing and determination of this suit.
THATthis honourable court be pleased to grant an order of temporary injunction to restrain the defendants, their agents or servants from interfering or evicting the plaintiffs from parcel of land No. L.R NKUENE/U-MIKUMBUNE/84 pending the hearing and determination of this suit.
THATthe costs of this application be in the cause.
I grant the following orders:
Status quo be maintained to the effect that the parties remain where they are on the suit land and non-occupying parties should not move into the suitland and no new developments should be made until this suit is heard and determined.
Pending hearing of the suit an Order of Inhibition be registered against L.R. No. NKUENE/U-MIKUMBUNE/84 currently subdivided into Parcels Nos. NKUENE/U-MIKUMBUNE/1724 to 1728.
Costs will be in the cause.
This application is deemed as concluded.
Delivered in Open Court at Meru this 18th day of September, 2013 in the presence of:
Cc. Mwonjaru/Daniel
Gikunda for applicants
E. G. Mwangi for respondents.
P. M. NJOROGE
JUDGE