[2016] KEHC 2836 (KLR)
The court found that the interim inhibition order was obtained by the plaintiff through the use of a forged document, amounting to fraud. Upon discovery of this, and by consent of all parties and their advocates, the plaintiff's suit was withdrawn, and judgment was entered in terms of the defendants' counter-claim....
Source-derived case information.
- Citation
- [2016] KEHC 2836 (KLR)
- Parties
- Plaintiff: Kiguru Muiga; Defendant: Seraphina Wangui Murithi; Defendant: Penena Nkatha; Defendant: Winfred Mwendwa; Defendant: Charles Kobia; Defendant: District Land Registrar; Defendant: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 156 of 2016
- Procedural Posture
- Land and Environment Case / Judgment After Withdrawal and Consent
- Outcome
- Plaintiff's suit withdrawn by consent; judgment entered for defendants on counter-claim; inhibition on land lifted; each party to bear own costs.
- Judges
- FM Njoroge
- Legal Topics
- Land Ownership, Title Cancellation, Injunctions, Fraudulent Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiguru Muiga
Plaintiff
Seraphina Wangui Murithi
Defendant
Penena Nkatha
Defendant
Winfred Mwendwa
Defendant
Charles Kobia
Defendant
District Land Registrar
Defendant
Hon. Attorney General
Defendant
Procedural Posture
Land and Environment Case / Judgment After Withdrawal and Consent
Legal Issues
- 1 Whether the plaintiff is the legal owner of MERU MUNICIPALITY BLOCK 11/17.
- 2 Whether the interim inhibition order was obtained fraudulently.
- 3 Whether the defendants' title deeds should be cancelled and restored to the plaintiff.
Ratio Decidendi
The court found that the interim inhibition order was obtained by the plaintiff through the use of a forged document, amounting to fraud. Upon discovery of this, and by consent of all parties and their advocates, the plaintiff's suit was withdrawn, and judgment was entered in terms of the defendants' counter-claim. The inhibition or caution placed on the suit property was lifted, and each party was ordered to bear their own costs. The court adopted the consent as its order, emphasizing that parties are bound by their agreements and that the court will not allow its process to be abused through fraudulent conduct.
Court Disposition
Plaintiff's suit withdrawn by consent; judgment entered for defendants on counter-claim; inhibition on land lifted; each party to bear own costs.
Orders
- Judgment entered in terms of the counter-claim.
- Inhibition and/or caution on Parcel No. MERU MUNICIPALITY BLOCK 11/17 lifted.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND CASE NO. 156 OF 2016
KIGURU MUIGA..............................................................................................PLAINTIFF
VERSUS
SERAPHINA WANGUI MURITHI..........................................................1ST DEFENDANT
PENENA NKATHA …...........................................................................2ND DEFENDANT
WINFRED MWENDWA.........................................................................3RD DEFENDANT
CHARLES KOBIA..................................................................................4TH DEFENDANT
DISTRICT LAND REGISTRAR …........................................................5TH DEFENDANT
HON. ATTORNEY GENERAL...............................................................6TH DEFENDANT
J U D G M E N T
1. In his Plaint dated 2nd September, 2016 the Plaintiff prays that judgment be entered against the Defendants jointly and severally for:-
(a) An order of permanent injunction restraining the 1st, 2nd 3rd and 4th defendants from putting up a building , entering into the suitland, selling, transferring and/or in any way interfering with the Plaintiff's proprietary rights over land parcel number MERU MUNICIPALITY BLOCK 11/17.
(b) A declaration that the Plaintiff herein is the legal owner of all the parcel of land known as MERU MUNICIPALITY BLOCK 11/17 and an order of cancellation of the 2nd, 3rd and 4th defendants' title deed and its restoration to the Plaintiff.
(c) Costs of this suit.
(d) Any other better relief the Honourable Court deems fit.
2. On 08/09/2106, at the exparte stage during the hearing of a Notice of Motion application dated 02/09/2016 filed by the Plaintiff an Interim Order was granted that inhibited all dealings in relation to land parcel number MERU MUNICIPALITY BLOCK 11 /17 pending hearing and determination of the application.
3. The Court ordered that this Application be heard on 15/09/2016.
4. When the Application came up for interpartes hearing, the Court found the need for the Plaintiff and the Defendants to file appropriate Affidavits concerning the apparent forgery in the pleadings filed by the Plaintiff concerning the title for Land Parcel Number MERU MUNICIPALITY BLOCK 11/17. It was clear to the Court that the Interim Order for Inhibition obtained at the exparte stage had been obtained fraudulently through the tendering of a forged document by the Plaintiff .
5. On 20/09/2016, the parties proffered a Consent dated 16/09/2016 and signed by their Advocates which was in the following terms:-
“By Consent of the parties and their respective Advocates:
i. The Plaintiff's suit be and is hereby withdrawn.
ii. THAT there be judgment entered in terms of the counter-claim herein and the inhibition and/or caution placed on Parcel No. MERU MUNICIPALITY BLOCK 11/17 be and is hereby lifted.
iii. THAT each party bears his/her own costs.
6. This Consent is adopted as an order of this Court. Consequently it is ordered as follows:-
i. JUDGMENTis entered in terms of the Counter-Claim in this Suit and the inhibition and/or caution placed on Parcel No. MERU MUNICIPALITY BLOCK 11/17 be and is hereby lifted.
ii. Parties to bear own costs.
7. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 20TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:
CA: Daniel/James
Kiogora Mugambi for the Plaintiff
Muia Mwanzia for 1st to 4th Defendants
Kiongo for 5th to 6th Defendants.
P. M. NJOROGE
JUDGE