[2016] KEHC 3316 (KLR)
The court found that the application was unopposed as the respondent, though properly served, failed to appear or file any response. The applicants established that the land in question was family land intended for them, and that there was a risk of alienation or interference by the defendant. To preserve the...
Source-derived case information.
- Citation
- [2016] KEHC 3316 (KLR)
- Parties
- Applicant: Lawrence Kiruki Mugambi; Applicant: Norah Wayua Maingi (Suing as the Legal representative of the estate of Mbaya Mugambi - Deceased); Respondent: Susan Gacheri Muthamia (being sued as the legal representative of the estate of Gerrison Mugambi alias Muthamia M'Mugambi - Deceased)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 90 of 2016
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction Application
- Outcome
- Application allowed as unopposed; interlocutory injunction and inhibition orders granted.
- Legal Topics
- Injunctions, Family Land Disputes, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lawrence Kiruki Mugambi
Applicant
Norah Wayua Maingi (Suing as the Legal representative of the estate of Mbaya Mugambi - Deceased)
Applicant
Susan Gacheri Muthamia (being sued as the legal representative of the estate of Gerrison Mugambi alias Muthamia M'Mugambi - Deceased)
Respondent
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiffs are entitled to an interlocutory injunction restraining the defendant from dealing with the suit land pending determination of the suit.
- 2 Whether orders of inhibition should be issued to prevent dealings with the suit land until the suit is heard and determined.
Ratio Decidendi
The court found that the application was unopposed as the respondent, though properly served, failed to appear or file any response. The applicants established that the land in question was family land intended for them, and that there was a risk of alienation or interference by the defendant. To preserve the subject matter of the suit and prevent irreparable harm, the court confirmed the orders of interlocutory injunction and inhibition as sought in prayers 3 and 4 of the application. The court exercised its discretion to grant the orders in the absence of opposition, ensuring that the status quo is maintained until the suit is heard and determined.
Court Disposition
Application allowed as unopposed; interlocutory injunction and inhibition orders granted.
Orders
- An order of injunction restraining the defendant, her family, servants, or agents from alienating, selling, transferring, or in any way interfering with Land Reference Nos. ABOTHUGUCHI/KITHURINE/1674 and ABOTHUGUCHI/KITHURINE/1675 pending the hearing and determination of the suit is confirmed.
- Orders of inhibition are issued to inhibit any dealings with Land Reference Nos. ABOTHUGUCHI/KITHURINE/1674 and ABOTHUGUCHI/KITHURINE/1675 until the suit is heard and determined.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENTAL AND LAND CASE NO. 90 OF 2016
LAWRENCE KIRUKI MUGAMBI …...........................................................1ST PLAINTIFF /APPLICANT
NORAH WAYUA MAINGI (Suing as the Legal representative of the estate of...............................
MBAYA MUGAMBI -Deceased )..............................................................2nd PLAINTIFF /APPLICANT
VERSUS
SUSAN GACHERI MUTHAMIA (being sued as the legal representative of the estate of
GERRISON MUGAMBI alias MUTHAMIA M'MUGAMBI Deceased)...DEFENDANT/RESPONDENT.
R U L I N G
1. This application is dated 6th July, 2016 and seeks orders:-
(1) THAT this application be certified as urgent.
(2) THAT pending the hearing of this Application inter-partes this Honourable Court be pleased to issue an order of injunction restraining the defendant either by herself members of her family her servants, or/and agents from alienating, selling transferring or in any way interfering with Land Reference Nos. ABOTHUGUCHI/KITHURINE/1674 and ABOTHUGUCHI/KITHURINE/1675.
(3) THAT pending the hearing and determination of this suit this Honourable Court be pleased to issue an order of injunction restraining the Defendant either by herself members of her family her servants, or/and agents from alienating, selling, transferring or in any way interfering with Land Reference Nos. ABOTHUGUCHI/KITHURINE/1674 AND ABOTHUGUCHI/KITHURINE/1675.
(4) THAT this honourable Court be pleased to issue orders of inhibition to inhibit any dealings with Land References Nos. ABOTHUGUCHI/KITHURINE/1674 and ABOTHUGUCHI/KITHURINE/1675 until this suit is heard and determined.
(5) THAT the costs of this application be provided for;
2. The Application is buttressed by the affidavit of LAWRENCE KIRUKI MUGAMBI, the 1st Plaintiff and has the following grounds:-
(a) THAT the land the subject matter was family land and set aside for the plaintiffs by their father.
(b) THAT the brother who was to transfer the land to the Plaintiffs died before doing so.
(c) THAT the defendant and her sisters have became greedy and have refused to honour the family arrangement.
(d) THAT this Court's intervention is extremely necessary.
3. The application was heard exparte on 18th July, 2016. Prayer 4 was granted and the application was to be heard interpartes on 25/07/2016 (today). Although the respondent had been properly served, she did not turn up in Court to participate in the scheduled proceedings.
4. As the application is not opposed, it is allowed with the effect that Prayers 3 and 4 are confirmed.
5. Costs shall be in the cause.
6. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 25 DAY OF JULY, 2016 IN THE PRESENCE OF:-
CC : Lilian /Daniel
P . M . NJOROGE
JUDGE