[2016] KEELC 84 (KLR)
The court found that, despite the absence of the plaintiffs' advocate at the scheduled hearing, the interests of justice required the preservation of the suit properties. Accordingly, an order of inhibition was granted to restrain registration of dealings with L.R. NOS. ABOTHUGUCHI/GITIE/589, 590 and 591 pending the...
Source-derived case information.
- Citation
- [2016] KEELC 84 (KLR)
- Parties
- Plaintiff: Kangai Agapius Muthuri; Plaintiff: Pielina Mukiri Kinyua; Plaintiff: Evangeline Kagwiria Muthuri; Plaintiff: Zipporah Karea Mwebia; Plaintiff: Benedict Mwenda Muthuri; Plaintiff: Stanley Mutiga Muthuri; Plaintiff: Harriet Kiende Muthuri; Defendant: Ereneus Nyamu Muthuri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 183 of 2016
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application for Inhibition Order
- Outcome
- Order of inhibition granted; costs to defendant; directions for compliance and hearing.
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Land Title Disputes, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kangai Agapius Muthuri
Plaintiff
Pielina Mukiri Kinyua
Plaintiff
Evangeline Kagwiria Muthuri
Plaintiff
Zipporah Karea Mwebia
Plaintiff
Benedict Mwenda Muthuri
Plaintiff
Stanley Mutiga Muthuri
Plaintiff
Harriet Kiende Muthuri
Plaintiff
Ereneus Nyamu Muthuri
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Application for Inhibition Order
Legal Issues
- 1 Whether an order of inhibition should issue restraining registration of dealings relating to L.R. NOS. ABOTHUGUCHI/GITIE/589, 590 and 591 pending hearing and determination of the suit.
- 2 Whether the late attendance of the plaintiffs' advocate constitutes sufficient cause for review of the court's decision.
Ratio Decidendi
The court found that, despite the absence of the plaintiffs' advocate at the scheduled hearing, the interests of justice required the preservation of the suit properties. Accordingly, an order of inhibition was granted to restrain registration of dealings with L.R. NOS. ABOTHUGUCHI/GITIE/589, 590 and 591 pending the hearing and determination of the suit. The court declined the plaintiffs' advocate's subsequent request for review due to lack of any explanation for her late attendance. Costs of the application were awarded to the defendant, and directions were given for compliance with pre-trial procedures and expeditious setting down of the suit for hearing.
Court Disposition
Order of inhibition granted; costs to defendant; directions for compliance and hearing.
Orders
- An order of inhibition is registered against L.R. NOS. ABOTHUGUCHI/GITIE/589, 590 and 591 pending hearing and determination of the suit.
- Costs of the application are awarded to the defendant and to be in the cause.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
CIVIL SUIT NO. 183 OF 2016
KANGAI AGAPIUS MUTHURI................................1ST PLAINTIFF
PIELINA MUKIRI KINYUA........................................2ND PLAINTIFF
EVANGELINE KAGWIRIA MUTHURI.......................3RD PLAINTIFF
ZIPPORAH KAREA MWEBIA..................................4TH PLAINTIFF
BENEDICT MWENDA MUTHURI...............................5TH PLAINTIFF
STANLEY MUTIGA MUTHURI..................................6TH PLAINTIFF
HARRIET KIENDE MUTHURI.....................................7TH PLAINTIFF
VERSUS
ERENEUS NYAMU MUTHURI..................................... DEFENDANT
R U L I N G
1. This application is dated 29th September, 2016 and seeks orders:-
(1) THAT this application be certified urgent.
(2) THAT an order of inhibition do issue restraining the registration of dealings relating to L.R NOS ABOTHUGUCHI/GITIE/586, 590 and 591 pending the hearing and determination of this application.
(3) THAT an order of inhibition do issue restraining the registration of dealings relating to L.R.NOS. ABOTHUGUCHI/GITIE/589, 590 and 591 pending the hearing and determination of this suit.
(4) THAT costs of this application be in the main suit.
2. The application was fixed to be heard on 05/12/2016.
3. When the application was called out for hearing the Plaintiff's Advocate was not in Court. Mr. Muriuki told the Court that the application had been given a hearing date in the presence of the Advocates representing the parties. He urged the Court to dismiss the application.
4. I deem the application heard interpartes but in the interest of Justice order that an order of Inhibition be registered against L.R NOS. ABOTHUGUCHI/GITIE/ 589, 590 and 591 pending hearing and determination of this suit.
5. When Miss Nyaga , the Advocate for the Plaintiffs, came to Court very late, she wanted the Court to review its decision . She did not give any reason as to why she came to Court late. In the circumstances, I decline her request.
6. As I have already said, in the Interest of Justice:-
It is ordered that an Order of Inhibition be registered against L.R. NOS. ABOTHUGUCHI/GITIE/589, 590 and 591 pending hearing and determination of this suit .
7. Costs apposite to this application are awarded to the Defendant and to be in the cause.
8. The Plaintiff is ordered to fully comply with Order 11, CPR, within 30 days of today and the Defendant to do so within 30 days upon service of the Plaintiff's compliance documents.
9. The Plaintiff, and in default the Defendant, to set this suit down for hearing within 90 days of today.
10. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 5TH DAY OF DECEMBER ,2016 IN THE PRESENCE OF:
C.A Daniel/ James
Miss Nyaga for the Plaintiffs
Ken Muriuki for the Defendant
P.M. NJOROGE
JUDGE