[2008] KEHC 3148 (KLR)
The court found that although the procedure adopted by the applicants in bringing the suit was questionable, no application had been made by the defendant to dismiss the suit on that ground. The court considered that the applicants only sought to inhibit dealings with the land and not to prevent the respondents from...
Source-derived case information.
- Citation
- [2008] KEHC 3148 (KLR)
- Parties
- Plaintiff: Kipkemboi Tenai; Plaintiff: Raphael Kimursi Tanai; Defendant: Pauline Chepkemboi
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 12 of 2006
- Procedural Posture
- Civil Case / Interlocutory Application for Inhibition Order
- Outcome
- Application for inhibition order allowed.
- Legal Topics
- Inhibition Orders, Land Disputes Tribunal Awards, Procedure for Challenging Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kipkemboi Tenai
Plaintiff
Raphael Kimursi Tanai
Plaintiff
Pauline Chepkemboi
Defendant
Procedural Posture
Civil Case / Interlocutory Application for Inhibition Order
Legal Issues
- 1 Whether the court should issue orders of inhibition to prevent registration of dealings over the suit land pending hearing of the suit.
- 2 Whether the procedure adopted by the applicants in bringing the suit is proper given the existence of tribunal awards adopted by the magistrates' courts.
Ratio Decidendi
The court found that although the procedure adopted by the applicants in bringing the suit was questionable, no application had been made by the defendant to dismiss the suit on that ground. The court considered that the applicants only sought to inhibit dealings with the land and not to prevent the respondents from working the land. The court held that no harm would be caused by granting the orders of inhibition, as they would merely preserve the status quo pending the hearing and determination of the suit. Accordingly, the court allowed the application and granted the orders sought, inhibiting registration of the parcels of land until the suit is heard or further orders are made.
Court Disposition
Application for inhibition order allowed.
Orders
- There be no registration of the parcels of land NANDI/KAMOBO/913, 3674, and 3675 until the suit is heard or further orders are made.
- Costs in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET
Civil Case 12 of 2006
KIPKEMBOI TENAI.....................................1ST PLAINTIFF
RAPHAEL KIMURSI TANAI.....................2ND PLAINTIFF
VERSUS
PAULINE CHEPKEMBOI:……….…………DEFENDANT
RULING
The applicant seeks for orders of inhibition to issue preventing registration of any dealings over land No. NANDI/KAMOBO/913, 3674 and 3675 pending the hearing of the suit.
Mr. Momanyi prosecuted the application and there is also a supporting affidavit. The court was told the history of the suits land. The parties are all relatives and the matters have been to the Land Disputes Tribunal and awards made.
Mr. Nandwa opposed the application on the grounds that awards of the Tribunal were adopted by magistrates’ courts and the only way the applicant should have come to court is by way of Judicial Review.
I have considered the application, affidavit and the rival submissions. I quite agree with Mr. Nandwa that on the face of it the procedure in bringing this suit is doubtful. However the Defendant has not made any application to have the suit dismissed and I think we can cross that bridge if we ever come to it. The issue now is if I should issue orders sought. I don’t see what harm would be caused if I issue the orders. The applicants only seek to ensure that any dealing with the land is inhibited. He does not seek to stop the respondents working the lands.
I will therefore allow the application and grant the orders sought. There be no registration of the parcels of the lands until suit is heard or there are further orders. Costs in the cause.
Dated and Delivered at Eldoret on 13th March, 2008.
KABURU BAUNI
JUDGE
IN THE PRESENCE OF:-
C/C - David
Mr. Keter for defendant.