[2013] KEELRC 233 (KLR)
The court found that the Notice of Motion for an injunction was unopposed, as the respondent failed to file any response or appear in court despite being given an opportunity. The applicants' averments, including that the respondent was in the process of selling the suit properties which they claim as inheritance...
Source-derived case information.
- Citation
- [2013] KEELRC 233 (KLR)
- Parties
- Applicant: Mercy Waithira Njeru; Applicant: Njeru K. Geoffrey; Applicant: Anne Lydia Nyawira Njeru; Applicant: Elizabeth Wandia Njeru; Respondent: Daniel Njeru Njoka Mbogo
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 585 of 2013
- Procedural Posture
- Environmental and Land Case / Interlocutory Application (injunction)
- Outcome
- Interlocutory injunction granted as prayed in the Notice of Motion dated 14/5/2013, pending hearing of the suit. Costs in the cause.
- Legal Topics
- Injunctive Relief, Trusts Over Land, Family Land Disputes
- 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
Mercy Waithira Njeru
Applicant
Njeru K. Geoffrey
Applicant
Anne Lydia Nyawira Njeru
Applicant
Elizabeth Wandia Njeru
Applicant
Daniel Njeru Njoka Mbogo
Respondent
Procedural Posture
Environmental and Land Case / Interlocutory Application (injunction)
Legal Issues
- 1 Whether the applicants are entitled to an interlocutory injunction restraining the respondent from dealing with the suit properties pending hearing and determination of the suit.
- 2 Whether the respondent holds the suit properties in trust for the applicants as alleged.
Ratio Decidendi
The court found that the Notice of Motion for an injunction was unopposed, as the respondent failed to file any response or appear in court despite being given an opportunity. The applicants' averments, including that the respondent was in the process of selling the suit properties which they claim as inheritance and that he holds the land in trust for them, were therefore unchallenged. The court held that in the absence of opposition, and there being no indication that the orders sought were contrary to law or public policy, the applicants were entitled to the interlocutory injunction restraining the respondent from dealing with the suit properties pending the hearing and determination...
Court Disposition
Interlocutory injunction granted as prayed in the Notice of Motion dated 14/5/2013, pending hearing of the suit. Costs in the cause.
Orders
- The defendant/respondent, his agents and/or servants or any other person acting on his behalf are restrained from selling, transferring or howsoever dealing with land title numbers BARAGWE/GUAMA/2250 and BARAGWE/GUAMA/2252 pending the hearing of this suit.
- The plaintiff/applicant to comply with the Civil Procedure Rules and fix the matter for hearing.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
Industrial Court at Nyeri
Environmental & Land Case 585 of 2013 [if gte mso 9]><xml>
800x600
</xml><![endif]
1. MERCY WAITHIRA NJERU)
2. NJERU K. GEOFFREY)
3. ANNE LYDIA NYAWIRA NJERU )
4. ELIZABETH WANDIA NJERU) ............PLAINTIFFS/ APPLICANTS
VERSUS
DANIEL NJERU NJOKA MBOGO ..................DEFENDANT/RESPONDENT
RULING
This is in respect to the plaintiff/applicants Notice of Motion dated 14/5/2013 seeking orders restraining the defendant/respondent, his agents and/or servants or any other person acting on his behalf from selling, transferring or howsoever dealing with land title numbers BARAGWE/GUAMA/2250 and BARAGWE/GUAMA/2252 pending the hearing of this suit.
The application is supported by the affidavit of the 2nd applicant in which it is deponed, inter alia, that the applicants and defendant all live on the suit properties with their families. The applicants are children of the defendant who separated with their mother in 2011 and it is the applicant’s case that the defendant is in the process of selling the said properties which is part of their inheritance from their late grand father.
In their plaint filed herein on 15/5/2013, the plaintiffs/applicants claim that the defendant/respondent holds title to the said land in trust for them.
On 28/5/2013, this Court fixed the hearing of the Notice of Motion for 3/6/2013 and gave the defendant/respondent time to file his response to the Motion as he said he was not aware that he had to do so. When the matter came up on 3/6/2013, the defendant/respondent did not turn up in Court and neither has he filed his response as directed and Mr. Munene for the plaintiff/applicant urged me to grant the orders of injunction as the application was not opposed.
The Notice of Motion remains un-opposed even after the defendant/respondent was given upto to-day to file his response. That means that all the averments by the plaintiffs/applicants are not opposed.I therefore grant the orders sought in the Notice of Motion dated 14/5/2013 till the hearing of this suit. Costs in the cause. The plaintiff/applicant to move and comply with the Civil Procedure Rules and fix the matter for hearing. Orders accordingly.
B.N. OLAO
JUDGE
3/6/2013
Ruling delivered in open Court this 3rd day of June 2013.
Mr. Munene for plaintiff/applicant present.
No appearance for defendant/respondent.
B.N. OLAO
JUDGE
3/6/2013
[if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
MicrosoftInternetExplorer4
</xml><![endif][if gte mso 9]><![endif][if !mso]> <style> st1:*{behavior:url(#ieooui) } </style> <![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:10. 0pt;"Times New Roman","serif";} </style> <![endif]