[2014] KEHC 225 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of an inhibition order, primarily to preserve the suit property pending the hearing and determination of the main suit. The inability to serve the defendant, who resides abroad, was considered, and the court held that the interests...
Source-derived case information.
- Citation
- [2014] KEHC 225 (KLR)
- Parties
- Applicant: Makunyi Rwanda; Defendant: Ruth Karauki Ayub
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 137 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
- Outcome
- Application allowed; inhibition order granted; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Injunctions, Inhibition Orders, Preservation of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Makunyi Rwanda
Applicant
Ruth Karauki Ayub
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
Legal Issues
- 1 Whether an order of inhibition should be granted to preserve land parcel No. SOUTH THARAKA/TUNYAI/'A'/218 pending the hearing and determination of the suit.
- 2 Whether the inability to serve the defendant, who resides abroad, justifies the grant of the inhibition order.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of an inhibition order, primarily to preserve the suit property pending the hearing and determination of the main suit. The inability to serve the defendant, who resides abroad, was considered, and the court held that the interests of justice required the preservation of the property to prevent any potential prejudice to the applicant. Invoking Section 63(e) of the Civil Procedure Act, the court exercised its discretion to grant the inhibition order, emphasizing that such orders are appropriate where there is a risk that the subject matter of the suit may be disposed of or otherwise dealt with to the...
Court Disposition
Application allowed; inhibition order granted; costs in the cause.
Orders
- An order of inhibition is issued against the registration of any dealings with land parcel No. SOUTH THARAKA/TUNYAI/'A'/218 pending the hearing and determination of this suit or until further orders of the court.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L CASE NO. 137 OF 2013
MAKUNYI RWANDA.............................................................................APPLICANT
VERSUS
RUTH KARAUKI AYUB.......................................................................DEFENDANT
R U L I N G
This application is dated 14th May, 2014 and seeks orders that:
1. An order of Inhibition against the registration of any dealings with land parcel No. SOUTH THARAKA/TUNYAI/'A'/218 be issued pending the hearing and determination of this suit or until further orders by the honourable court.
2. Costs be in the cause.
Hearing of the application could not proceed as the defendant/respondent lives in the USA and the applicant has found it difficult to trace and serve her. The order for Inhibition is only meant to preserve the suit land until the suit is heard and determined.
In order to prevent the ends of justice from being defeated, I invoke Section 63 (e) of the Civil Procedure Act to allow the application.
Costs shall be in the cause.
Delivered in Open Court at Meru this 14th day of October, 2014 in the presence of:
Cc. Lilian/Daniel
Gatare Ringera for the Applicant
P. M. NJOROGE
JUDGE