[2013] KEHC 942 (KLR)
The court found that the defendant had been properly served but failed to attend court or oppose the application. The plaintiffs demonstrated sufficient grounds for the grant of a temporary inhibition order to preserve the suit properties pending the hearing and determination of the substantive suit. The court...
Source-derived case information.
- Citation
- [2013] KEHC 942 (KLR)
- Parties
- Plaintiff: Lydia Nkriote Onesmus; Plaintiff: Virginia Kithure Mutwiri; Plaintiff: Betty Karabai James; Plaintiff: Joycelleen Wanja Charles; Plaintiff: Rosebeth Karoki Mbogori; Plaintiff: Esther Kananu Mbogori; Defendant: Arthur Muriithi Mbogori
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 200 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Land Registration, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lydia Nkriote Onesmus
Plaintiff
Virginia Kithure Mutwiri
Plaintiff
Betty Karabai James
Plaintiff
Joycelleen Wanja Charles
Plaintiff
Rosebeth Karoki Mbogori
Plaintiff
Esther Kananu Mbogori
Plaintiff
Arthur Muriithi Mbogori
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
Legal Issues
- 1 Whether the plaintiffs are entitled to a temporary order of inhibition against registration of dealings with the specified land parcels pending determination of the suit.
Ratio Decidendi
The court found that the defendant had been properly served but failed to attend court or oppose the application. The plaintiffs demonstrated sufficient grounds for the grant of a temporary inhibition order to preserve the suit properties pending the hearing and determination of the substantive suit. The court exercised its discretion to confirm the inhibition order as prayed to prevent any registration of dealings with the specified land parcels, thereby maintaining the status quo and safeguarding the interests of the parties until the main suit is heard and determined.
Court Disposition
application allowed
Orders
- A temporary order of inhibition is granted, inhibiting registration of any dealing with parcels of land L.R. NOS. ABOGETA/U-KITHANGARI/2217, 2218, and 2352 pending hearing and determination of the substantive suit.
- A copy of the court order to be served upon the District Land Registrar, Meru Central for registration in the appropriate registers.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L CASE NO 200 OF 2013 (OS)
LYDIA NKIROTE ONESMUS.............................................................1ST PLAINTIFF
VIRGINIA KITHURE MUTWIRI.........................................................2ND PLAINTIFF
BETTY KARABAI JAMES....................................................................3RD PLAINTIFF
JOYCELLEEN WANJA CHARLES.......................................................4TH PLAINTIFF
ROSEBETH KAROKI MBOGORI.........................................................5TH PLAINTIFF
ESTHER KANANU MBOGORI............................................................6TH PLAINTIFF
VERSUS
ARTHUR MURIITHI MBOGORI............................................................DEFENDANT
R U L I N G
This application is dated 18th July, 2013 and seeks orders that:
THATthis application be certified as being urgent and service of the same be dispensed with in the first instance.
THATprayers number 3 and 4 hereof be granted ex parte in the first instance.
THATpending the hearing and determination of this application or until further orders of this Court and for the ends of justice this Honourable Court be pleased to grant a temporary order of inhibition, inhibiting registration of any dealing with parcels of land L. R. NOS.ABOGETA/U- KITHANGARI/2217, 2218 and 2352.
THATa copy of the Court order issued in terms of prayer (3) above under the seal of this Honourable Court be served upon the District Land Registrar, Meru Central for registration in the appropriate registers.
THATpending the hearing and determination of the substantive suit and for the ends of justice this Honourable Court be pleased to grant a temporary order of inhibition, inhibiting registration of any dealing with parcels of land L.R. NOS.ABOGETA/U-KITHANGARI/2217, 2218, AND 2352
THATthere be such other order as this Honourable Court deems fit and expedient in the aid of justice.
THATthe costs of this application be provided for.
Orders 1, 2, 3 and 4 are spent.
The application was fixed for Inter Parties Hearing on 21. 8.2013. During the hearing, the advocate for the applicants urged the Court to allow the application as the defendant was not present in Court even though he had been properly served. He referred the Court to the Affidavit of service duly filed in Court.
In the circumstances, the application is allowed with the effect that Prayer 5 is confirmed.
Delivered in Open Court at Meru this 4th day of October, 2013 in the presence of :
Cc. Mwonjaru/Daniel
Muthomi present for Plaintiffs/Applicants
P. M. NJOROGE
JUDGE