[2023] KEELC 21798 (KLR)
The court found that there are two competing titles to the suit property, with the plaintiff's title having been issued first. The plaintiff is in possession of the land and has demonstrated a prima facie case with a likelihood of success. The court held that if the plaintiff were evicted, he would likely suffer...
Source-derived case information.
- Citation
- [2023] KEELC 21798 (KLR)
- Parties
- Plaintiff: Vijay Morjaria; Defendant: Paul Kibet Chebor; Defendant: Raymond Kibon Kurgor; Defendant: Joseph Sitienei Rotich; Defendant: Director Of Survey; Defendant: Land Registrar, Nakuru County; Defendant: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E031 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction
- Outcome
- Temporary injunction granted pending hearing of the suit.
- Judges
- A Ombwayo
- Legal Topics
- Land Title Disputes, Fraudulent Registration, Injunctive Relief, Rectification of Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vijay Morjaria
Plaintiff
Paul Kibet Chebor
Defendant
Raymond Kibon Kurgor
Defendant
Joseph Sitienei Rotich
Defendant
Director Of Survey
Defendant
Land Registrar, Nakuru County
Defendant
Attorney General
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff has established a prima facie case for grant of a temporary injunction pending the hearing of the suit.
- 2 Whether the resurvey, amendment of the registry index map, and issuance of lease in respect of the suit property were tainted by fraud, illegality, and corruption.
- 3 Whether the plaintiff is likely to suffer irreparable loss if the injunction is not granted.
Ratio Decidendi
The court found that there are two competing titles to the suit property, with the plaintiff's title having been issued first. The plaintiff is in possession of the land and has demonstrated a prima facie case with a likelihood of success. The court held that if the plaintiff were evicted, he would likely suffer irreparable loss that could not be adequately compensated by damages. The balance of convenience favored maintaining the status quo by preserving the plaintiff's possession of the property. Consequently, the court granted a temporary injunction restraining the defendants from entering, remaining, cultivating, or interfering with the suit property pending the hearing and...
Court Disposition
Temporary injunction granted pending hearing of the suit.
Orders
- A temporary injunction is granted restraining the defendants from entering, remaining, cultivating, or interfering with Nakuru Municipality Block 17/308 pending the hearing and determination of the suit.
- Costs in the suit.
Full Case Text
Judgment text and source record
34 paragraphs
Morjaria v Chebor & 5 others (Environment & Land Case E031 of 2023) [2023] KEELC 21798 (KLR) (24 November 2023) (Ruling)
Neutral citation: [2023] KEELC 21798 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case E031 of 2023
A Ombwayo, J
November 24, 2023
Between
Vijay Morjaria
Plaintiff
and
Paul Kibet Chebor
1st Defendant
Raymond Kibon Kurgor
2nd Defendant
Joseph Sitienei Rotich
3rd Defendant
Director Of Survey
4th Defendant
Land Registrar, Nakuru County
5th Defendant
Attorney General
6th Defendant
Ruling
1. Vijay Morjaria hereinafter referred to as the plaintiff has come to this court against the Director of Survey, Land Registrar Nakuru and the A.G and others claiming that he is the registered proprietor of Nakuru Municipality/Block 17/308. He has the certificate of ownership of the property and he is in possession of the property.
2. He contends that the defendants have however fraudulently, corruptly and illegally caused a resurvey of the land, amendment of the Registry Index Manual and issued proper certificate of title.
3. The plaintiff prays for a declaration that the resurvey, amendment of the registry index map, issuance of lease and registration thereof in respect of Nakuru Municipality Block 17/308 were all tainted by fraud illegality and corruption.
4. He prays further that the certificate of lease issued in favour of the 1st, 2nd and 3rd defendants be revoked and the register be rectified to reflect plaintiff as the registered owner of the land.
5. He seeks an order of permanent injunction restraining the defendants whether acting jointly, singularly, in concert, through their agents, servants employees or any other person acting at their behest from entering, remaining or in any other way interfering with the plaintiff’s possession and ownership of the parcel of land known as Nakuru Municipality Block 17/308. Lastly, he seeks damages for trespass against the 1st, 2nd and 3rd defendants plus costs of the suit.
6. By Notice of Motion dated 17th October 2023 the plaintiff prays for a temporary injunction against the defendant from entering, remaining cultivating or interfering with the same pending hearing of the suit.
7. I have considered the facts on record and do find that there are two titles in respect of the suit property. The plaintiff’s title was issued first and therefore he has a prima facie case with a likelihood of success.
8. The plaintiff is in possession of the land and therefore if evicted, he is likely to suffer irreparable loss. The balance of convenience revolves on maintaining the status quo in terms of possession.
9. Ultimately, I do grant a temporary injunction against the defendants from entering remaining, cultivating, interfering with the suit property pending the hearing of the suit. Cost in the suit.
RULING DATED SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 24TH DAY OF NOVEMBER, 2023. A O OMBWAYOJUDGE