[2009] KEHC 3220 (KLR)
The court found that the applicant had not demonstrated good cause to warrant the issuance of an inhibition order against the suit land parcels. The judge emphasized that granting such an order would unjustly fetter the respondents' proprietary rights without sufficient justification. The court noted the historical...
Source-derived case information.
- Citation
- [2009] KEHC 3220 (KLR)
- Parties
- Plaintiff: Michael Mugo Ireri; Defendant: Nelson Nthiga Ikoi; Defendant: Gilbert Ireri Namu
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 169 of 2008
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application for Inhibition Order
- Outcome
- application dismissed
- Judges
- J Karanja
- Legal Topics
- Inhibition Orders, Proprietary Rights, Adverse Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Mugo Ireri
Plaintiff
Nelson Nthiga Ikoi
Defendant
Gilbert Ireri Namu
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application for Inhibition Order
Legal Issues
- 1 Whether the applicant has shown sufficient cause for the grant of an inhibition order against registration of dealings with the suit land parcels.
- 2 Whether issuing prohibitory orders would unjustly fetter the respondents' proprietary rights.
Ratio Decidendi
The court found that the applicant had not demonstrated good cause to warrant the issuance of an inhibition order against the suit land parcels. The judge emphasized that granting such an order would unjustly fetter the respondents' proprietary rights without sufficient justification. The court noted the historical context of the dispute, including previous litigation involving the parties' parents over adverse possession, but held that the interests of justice would not be served by restricting the respondents' ability to deal with the land at this interlocutory stage. Consequently, the application for inhibition was dismissed, with costs to be in the cause.
Court Disposition
application dismissed
Orders
- The application dated 18/3/2009 is dismissed.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Civil Case 169 of 2008
MICHAEL MUGO IRERI……..…....................…PLAINTIFF
VERSUS
NELSON NTHIGA IKOI….........………….1ST DEFENDANT
GILBERT IRERI NAMU…......……………2NDDEFENDANT
RULING
The applicant has filed the notice of motion dated 18/3/2009 seeking an order that this court do issue orders of inhibition, inhibiting the registration of any dealings with land parcels No. Evurore/Nguthi/1624 and 1625. The same is premised on the 3 grounds on its face and on the supporting affidavit of Michael Mugo Ireri. It is opposed by the two Respondents vide their replying affidavits dated 27/5/2009. I have considered the application in question along with rival affidavits and the annexures thereto. I have also considered both counsels’ submissions in court. What comes out clearly is that this land has a history between the parents of the parties herein who were in court for adverse possession over the same land. I do not wish to pre-empt the outcome of this case but it is my considered view that issuing prohibitory orders will not serve the interests of justice in this case, and would be tantamount to fettering the respondents from fully enjoying their proprietory rights over the plots in question. I am not convinced that there is good cause shown to entitle the applicant to the prohibitory orders he seeks. Accordingly, I will dismiss the application dated 18/3/2009 and order that costs be in the cause.
W. KARANJA
JUDGE
Delivered, signed and dated at Embu this 1st day of July 2009.
In presence of:-Mr. Okwaro for Ms Ndorongo.
W. KARANJA
JUDGE
1/7/2009.