[2016] KEHC 3278 (KLR)

[2016] KEHC 3278 (KLR)

The court found that the plaintiffs had established sufficient grounds for the grant of an interim injunction to restrain the 1st defendant from evicting or interfering with their occupation of the suit land, pending the hearing and determination of the suit. The court considered the plaintiffs' long occupation and dependence on the land, the allegations of misrepresentation and vulnerability of the 1st plaintiff, and the need to preserve the subject matter. The court allowed the application on an interim basis in terms of prayer 4, with the proviso that the order should not be used to evict or interfere with the 1st defendant's stay on the land if he resides there. The respondents were...

Citation
[2016] KEHC 3278 (KLR)
Parties
Plaintiff: M'ATHERU M'ITHIBUA; Plaintiff: LUCY KINYU M'ABUANGE; Defendant: MASMUS MURITHI; Defendant: DISTRICT LAND ADJUDICATION AND SETTLEMENT OFFICER IGEMBE DISTRICT; Defendant: DISTRICT LAND REGISTRAR IGEMBE DISTRICT; Defendant: ATTORNEY GENERAL
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
27 July 2016
Case Number
Environment & Land Case 99 of 2016
Procedural Posture
Environment and Land Case / Interlocutory Application Ruling
Outcome
interim injunction granted in part; directions issued
Judges
FM Njoroge
Legal Topics
Injunctions, Land Adjudication, Land Ownership Disputes
Source Language
English
Land and Property Injunctions Land Adjudication Land Ownership Disputes

Case Brief

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Parties

M'ATHERU M'ITHIBUA

Plaintiff

LUCY KINYU M'ABUANGE

Plaintiff

MASMUS MURITHI

Defendant

DISTRICT LAND ADJUDICATION AND SETTLEMENT OFFICER IGEMBE DISTRICT

Defendant

DISTRICT LAND REGISTRAR IGEMBE DISTRICT

Defendant

ATTORNEY GENERAL

Defendant

Procedural Posture

Environment and Land Case / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the plaintiffs are entitled to interlocutory injunction restraining the 1st defendant from evicting or interfering with their occupation of land parcel no. 1340/NAATHU/NAATHU pending determination of the suit.
  2. 2 Whether inhibition orders restraining dealings in the suit land should be granted to preserve the subject matter.

Ratio Decidendi

The court found that the plaintiffs had established sufficient grounds for the grant of an interim injunction to restrain the 1st defendant from evicting or interfering with their occupation of the suit land, pending the hearing and determination of the suit. The court considered the plaintiffs' long occupation and dependence on the land, the allegations of misrepresentation and vulnerability of the 1st plaintiff, and the need to preserve the subject matter. The court allowed the application on an interim basis in terms of prayer 4, with the proviso that the order should not be used to evict or interfere with the 1st defendant's stay on the land if he resides there. The respondents were...

Court Disposition

interim injunction granted in part; directions issued

Orders

  • Application dated 14/07/2016 is allowed on interim basis in terms of prayer 4, provided that if the 1st Defendant lives on the suit land, this order should not be used to evict him or interfere with his stay on the suit land.
  • 2nd, 3rd and 4th Respondents granted 30 days to respond, file a defence, and parties granted leave to further respond as necessary.