[2020] KEELC 286 (KLR)
The court found that the applicant's request for inhibition and temporary injunction was unopposed and that the orders sought were necessary to preserve the subject matter of the suit, namely land parcel Nyambene/Kitheo/1273. The court exercised its discretion to grant the inhibition as prayed and the injunction for...
Source-derived case information.
- Citation
- [2020] KEELC 286 (KLR)
- Parties
- Applicant: Julius Miriti Itaru; Respondent: Michael M’Gitioo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 44 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition and Injunction
- Outcome
- Application allowed in part.
- Legal Topics
- Interlocutory Injunctions, Land Inhibition Orders, Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Miriti Itaru
Applicant
Michael M’Gitioo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition and Injunction
Legal Issues
- 1 Whether the applicant is entitled to an order of inhibition against land parcel Nyambene/Kitheo/1273 pending determination of the suit.
- 2 Whether the applicant has met the threshold for grant of a temporary injunction restraining the respondent from entering, occupying, or using the suit land.
Ratio Decidendi
The court found that the applicant's request for inhibition and temporary injunction was unopposed and that the orders sought were necessary to preserve the subject matter of the suit, namely land parcel Nyambene/Kitheo/1273. The court exercised its discretion to grant the inhibition as prayed and the injunction for a limited period of one year, pending the hearing and determination of the main suit. The absence of a response from the respondent and the need to prevent possible alienation or interference with the property justified the grant of the orders sought.
Court Disposition
Application allowed in part.
Orders
- An order of inhibition is granted in respect of land parcel Nyambene/Kitheo/1273 until the suit is heard and determined.
- A temporary injunction restraining the respondent, his family members, servants, and agents from entering, occupying, or using the suit parcel is granted for a period of one year only.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC (O.S) CASE NO. 44 OF 2020
JULIUS MIRITI ITARU.............................................APPLICANT
VERSUS
MICHAEL M’GITOO.............................................RESPONDENT
RULING
1. Before me is a notice of motion dated 17. 9.2020, brought pursuant to provisions of Section 1A, 1B, 3A and 63 ( e) of the Civil Procedure Act and Order 40 Rule 1 and 2 of the Civil Procedure Rules.
2. The applicant is seeking an order of inhibition in respect of land parcel number Nyambene/Kitheo/1273 until the suit is heard and determined. He is also seeking an order of temporary injunction restraining the defendant, his family members, servants and agents from entering , occupying and using the suit parcel until the case is heard and determined.
3. Despite service, no response has been filed by the respondent. I am therefore inclined to allow the application in the following terms.
1) The prayer for inhibition is allowed in terms of prayer number 3 in the application.
2) The prayer for injunction set out in prayer number 5 is allowed but for a period of ONE YEAR ONLY.
3) The costs of this application shall abide the outcome of the main suit.
DATED, SIGNED AND DELIVERED AT MERU THIS 14TH DAY OF DECEMBER, 2020
HON. LUCY. N. MBUGUA
ELC JUDGE
ORDER
The date of delivery of this ruling was given via a notice dated 7. 12. 2020. In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA
ELC JUDGE