[2017] KEELC 3140 (KLR)
The court found that the defendant had subdivided and sold parts of the suit property while the case was pending, exposing the applicants to risk of eviction and potential prejudice. To preserve the subject matter and ensure the effectiveness of the court's eventual decision, it was necessary to grant inhibition...
Source-derived case information.
- Citation
- [2017] KEELC 3140 (KLR)
- Parties
- Plaintiff: Martin Mugambi; Plaintiff: Agnes Mwimbi; Defendant: Njeru Nyaga alias Ndururu Nyaga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 115 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Orders
- Outcome
- Application for inhibition orders granted; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Preservation of Suit Property, Pending Suit, Subdivision of Land, Eviction Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Mugambi
Plaintiff
Agnes Mwimbi
Plaintiff
Njeru Nyaga alias Ndururu Nyaga
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Orders
Legal Issues
- 1 Whether inhibition orders should be issued to preserve the suit property pending hearing and determination of the main suit.
- 2 Whether the subdivision and sale of the suit property by the defendant during pendency of the suit prejudices the applicants.
Ratio Decidendi
The court found that the defendant had subdivided and sold parts of the suit property while the case was pending, exposing the applicants to risk of eviction and potential prejudice. To preserve the subject matter and ensure the effectiveness of the court's eventual decision, it was necessary to grant inhibition orders restraining any dealings with the suit parcels (KARINGANI/NDAGANI/9554–9565) until the suit is heard and determined. The court exercised its discretion in favour of the applicants to maintain the status quo and prevent further prejudice.
Court Disposition
Application for inhibition orders granted; costs in the cause.
Orders
- Inhibition orders are issued against land parcels KARINGANI/NDAGANI/9554–9565 until the suit is heard and determined.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 115 OF 2017
FORMERLY MERU ELC CASE NO 100 OF 2009
MARTIN MUGAMBI………..…………..…...1ST PLAINTIFF
AGNES MWIMBI…………………………….2ND PLAINTIFF
VERSUS
NJERU NYAGA ALIAS NDURURU NYAGA.……DEFENDANT
RULING
1. This application is dated 23rd November, 2016 and seeks orders:
1. THAT the application be certified urgent in the first instance.
2. THAT the Honourable Court be pleased to issue inhibition orders against KARINGANI/NDAGANI/9554 – 9565 until further orders of the Court or until suit herein is heard and determined.
3. THAT costs be in the cause.
2. The application is buttressed by the affidavit of ALEXANDER NJUE MARETE and has the following grounds:
a. THAT the respondent herein sub-divided the subject matter of the suit KARINGANI/NDAGANI/4208 to have 9554 – 9565 while the matter was still pending.
b. THAT the respondent after sub-dividing the subject matter, he has sold the part to third parties, thus the applicants risks eviction any time.
c. THAT the matter is still pending for hearing and determination, thus the reason to preserve the status quo and to avoid prejudicing the applicant.
3. I have perused the submissions proffered by the parties. They take diametrically opposed positions. Issues such as that the application cannot succeed as one of the parties is deceased and that the suit against the 2nd plaintiff has abated have been raised. In the interest of justice and to expedite the hearing and determination of this suit, I find it necessary to grant prayer 2 in the application so that the suit land can be preserved. It is only a prayer for inhibition of any dealings concerning Land parcel Nos. KARINGANI/NDAGANI/9554 – 9565 until this suit is heard and determined.
4. In the circumstances, prayer 2 is granted.
5. Costs shall be in the cause.
6. Parties to take directions on 6. 7.2017.
7. It is so ordered.
Delivered in open court at Chuka this 6th day of April, 2017 in the presence of :
CA: Ndegwa
Momanyi Gichuki h/b Gathungu for the Defendant
P.M. NJOROGE
JUDGE