[2016] KEHC 4460 (KLR)
The court found that the plaintiffs had established sufficient grounds for the preservation of the suit property through an order of inhibition, given the risk of further alienation of the subdivided parcels. However, the court declined to grant temporary injunctions restraining the defendant from dealing with the...
Source-derived case information.
- Citation
- [2016] KEHC 4460 (KLR)
- Parties
- Applicant: M' Ringera M'Mukiira; Applicant: Sabina Mwonjiru M'Aita; Respondent: David Ndegwa; Respondent: Kenneth Kamichia M'Ikirima
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 33 of 2016
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application for Inhibition and Injunction
- Outcome
- Application partly allowed.
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Temporary Injunctions, Land Subdivision Disputes, Ancestral Land Rights
- 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
M' Ringera M'Mukiira
Applicant
Sabina Mwonjiru M'Aita
Applicant
David Ndegwa
Respondent
Kenneth Kamichia M'Ikirima
Respondent
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application for Inhibition and Injunction
Legal Issues
- 1 Whether the plaintiffs are entitled to an order of inhibition over the subdivided parcels of land pending determination of the suit.
- 2 Whether the plaintiffs are entitled to a temporary injunction restraining the defendant from selling, trespassing, or interfering with the suit land pending hearing and determination of the application and suit.
- 3 Whether the defendant has alienated ancestral land without the consent of family members.
Ratio Decidendi
The court found that the plaintiffs had established sufficient grounds for the preservation of the suit property through an order of inhibition, given the risk of further alienation of the subdivided parcels. However, the court declined to grant temporary injunctions restraining the defendant from dealing with the land, as the threshold for such relief had not been met at this interlocutory stage. The court also noted an identity issue regarding the defendant but deferred its determination to the substantive hearing. Costs were ordered to be in the cause.
Court Disposition
Application partly allowed.
Orders
- An order of inhibition is issued on parcel numbers NTIMA IGOKI/9197 to NTIMA IGOKI/9208, resulting from the subdivision of NTIMA IGOKI/5041, until further orders of the court.
- Prayers for temporary injunctions are denied.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENTAL AND LAND CASE NO 33 OF 2016
M' RINGERA M'MUKIIRA …....................................1ST PLAINTIFF/APPLICANT
SABINA MWONJIRU M'AITA...................................2ND PLAINTIFF/APPLICANT
VERSUS
DAVID NDEGWA …....................................................DEFENDANT/RESPONDENT
R U L I N G
This application is dated 2nd April, 2016 and seeks orders:-
That this application be certified as extremely urgent and service of the same be dispensed with at the first instance.
That the Honourable Court be pleased to issue an order of inhibition on parcel number title of land numbers NTIMA IGOKI/9197 to NTIMA IGOKI/9208 which were brought about by the subdivision of the parent land title no NTIMA IGOKI/ 5041 until further orders of the Court.
That the Honourable Court be pleased to issue an order of temporary injunction against the Defendant restraining him by himself, his, servants, agents, employees or anyone acting on his behest from selling/trespassing/interfering with land numbers NTIMA IGOKI/9197 to NTIMA/ IGOKI/ 9208 which were brought about by the subdivision of the parent land title no NTIMA IGOKI/5041 pending the hearing and determination of this application.
That the Honourable Court be pleased to issue an order of temporary injunction against the Defendant restraining him by himself, his servants, agents employees or anyone acting on his behest from selling /trespassing/ interfering with land numbers NTIMA IGOKI/9197 to NTIMA IGOKI/ 9208 which were brought about by the subdivision of the parent land title No. NTIMA IGOKI/5041 pending the hearing and determination of this suit.
Cost and interest of the application be provided for.
The application is buttressed by the affidavit of SABINA MWONJIRU M'AITA, the 2nd Plaintiff and has the following grounds:-
The 1st Defendant has managed to alienate the ancestral land to third parties and consequently have parcel number NTIMA IGOKI/5041 subdivided further to parcel Land numbers NTIMA IGOKI/9197 to NTIMA IGOKI/ 9208 without the consent of the family members.
THAT the Plaintiffs/Applicants have suffered /will suffer irreparably if the said defendant/respondent is not stopped from alienating /selling or usurping the suitland.
During interpartes hearing the defendant gave his Identity Card and said that his official name is Kenneth Kamichia M'Ikirima. I have confirmed that this is indeed the actual position.
I do not want to say at this stage that the cited defendant, David Ndegwa, is wrongly made a defendant in this case. This will be done when the suit is heard and determined. I do not wish to proffer any legal advice to the litigants.
In the Interest of Justice, I issue the following orders: -
Prayer 2 is granted.
Prayer 3 and 4 are denied.
Costs shall be in the cause.
It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 9TH DAY OF MAY, 2016 IN THE PRESENCE OF:-
CC: Daniel/Lilian
Otieno C. for the Applicant
Kenneth Kamichia M' Ikirima -Alleged Respondent.
P.M. NJOROGE
JUDGE