[2016] KEELC 774 (KLR)
The court adopted the consent of the parties as its order, allowing the defendants to harvest their crops within two months and then vacate the disputed land, leaving the plaintiff in possession pending the hearing and determination of the suit. The application for interlocutory injunction and inhibition was thus...
Source-derived case information.
- Citation
- [2016] KEELC 774 (KLR)
- Parties
- Plaintiff: Moffat Gichuru; Defendant: M'Imanyara M'Murithi; Defendant: Wilson Mwirigi; Defendant: Bundi Gichuru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 54 of 2015
- Procedural Posture
- Miscellaneous Application / Interlocutory Application Ruling on Injunction and Inhibition Orders, Resolved by Consent
- Outcome
- Application resolved by consent; orders adopted as court order.
- Judges
- FM Njoroge
- Legal Topics
- Injunctions, Land Inhibition Orders, Adverse Possession, Trespass, Interlocutory Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moffat Gichuru
Plaintiff
M'Imanyara M'Murithi
Defendant
Wilson Mwirigi
Defendant
Bundi Gichuru
Defendant
Procedural Posture
Miscellaneous Application / Interlocutory Application Ruling on Injunction and Inhibition Orders, Resolved by Consent
Legal Issues
- 1 Whether the plaintiff is entitled to interlocutory injunction restraining the defendants from interfering with land parcels ABOGETA/U-KITHANGARI/2541 and 2514 pending hearing and determination of the suit.
- 2 Whether orders of inhibition should be issued to preserve the subject land parcels.
- 3 Whether the defendants' actions amount to trespass and threaten the plaintiff's peaceful possession.
Ratio Decidendi
The court adopted the consent of the parties as its order, allowing the defendants to harvest their crops within two months and then vacate the disputed land, leaving the plaintiff in possession pending the hearing and determination of the suit. The application for interlocutory injunction and inhibition was thus resolved by consent, preserving the subject matter and status quo. The court's decision was guided by the need to prevent further conflict, maintain peace, and ensure the land is not alienated or interfered with before the substantive issues are determined at trial.
Court Disposition
Application resolved by consent; orders adopted as court order.
Orders
- Defendants allowed to harvest cabbages and carrots within two months from 19/05/2016 and thereafter vacate the land.
- Plaintiff to remain in possession of the land pending hearing and determination of the suit.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
IN THE ENVIRONMENT AND LAND COURT AT MERU
E & L NO 54 OF 2015
MOFFAT GICHURU......................................................PLAINTIFF
VERSUS
M'IMANYARA M'MURITHI.............................1ST DEFENDANT
WILSON MWIRIGI.........................................2ND DEFENDANT
BUNDI GICHURU............................................3RD DEFENDANT
R U L I N G
1. This ruling concerns an application dated 11th August, 2015 filed by the Plaintiff. It seeks orders:-
1. The Defendant, either by themselves, agents or servants be restrained by orders of this Court from destroying the Plaintiff properties, interfering or entering land parcel No. ABOGETA/U- KITHANGARI/2541 until this application is heard and determined.
1(a) The defendants, either by themselves, agents or servants be restrained by orders of this Court from destroying the Plaintiff properties, interfering or entering land parcel No. ABOGETA/U KITHANGARI/2514 until this application is heard and determined.
2. That this Honourable Court do issue orders of inhibition upon land parcel No. ABOGETA/U-KITHANGARI/2541 for preservation of the subject matter until this application is heard and determined.
2 a That this Honourable Court do issue orders of inhibition upon land parcel No.ABOGETA/U-KITHANGARI/2514 for preservation of the subject matter until this application is heard and determined.
3. That the above orders be enforced through the O.C.S Nkubu Police Station and the respondent pays cost of this application.
2. The application is buttressed by the Affidavit of MOSES N. KIRIMA and has the following grounds:-
a.The Defendants invaded the applicant on 20. 06. 2015 day beat him seriously with other 11 hired goons and caused a lot of property destruction and left after threatening to kill him and burn his house.
b.The Plaintiff has been occupying the whole land since 1975 without interference or disturbance from any quarters and developed the whole of it since his uncle bequeathed it to him.
c.The 1st Defendant want to fraudulently to cause transfer of the Plaintiff land by doing that the land will alienated to 3rd parties which will make the Plaintiff suffer irreparable damages.
d.The 1st defendant has lived far away from the Plaintiff land and they have never at any time settled in land number ABOGETA/U-KITHANGARI/ 2541.
(di) The 1st defendant has lived far away from the Plaintiff land they have never at any time settled in land number ABOGETA/U-KITHANGARI/2514.
(e) The frequent threats and intimidation by the defendants is threatening the plaintiff peaceful life and quite possession of his property against the Kenya's constitution.
3. On 18/05/2016 and on 19/5/2016, the parties proffered 2 consents signed by their Advocates which they asked the Court to adopt as its order. The consolidated tenor of the Consents is in the following terms:-
“By consent of the parties:
1. The Defendant be allowed to harvest their cabbages and carrots within 2 months of 19/05/2016 and leave the Plaintiff on the land in issue pending the hearing and determination of this case.
2. Parties to fully comply with order 11, CPR,
4. I adopt the above consented terms as an order of this Court.
5. This application is deemed heard and determined.
It is so ordered.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 19TH DAY OF MAY, 2016 IN THE PRESENCE OF :-
CC: Daniel/Lilian
Kiogora for the Defendants/ Respondents
Muthamia h/b Kirima for Plaintiff/Applicant.
P .M. NJOROGE
JUDGE