[2013] KEHC 1523 (KLR)
The court found that although the plaintiffs/applicants had not clearly established the precise nature of their legal interest in the suit parcels, the application was unopposed by the Land Registrar, and the plaintiffs/applicants had demonstrated long-term occupation. Given the risk of mischief in land matters and...
Source-derived case information.
- Citation
- [2013] KEHC 1523 (KLR)
- Parties
- Plaintiff: Munyi Ngai; Plaintiff: Severino Mati Ngai; Plaintiff: Munyi Gatimu; Plaintiff: Antony Ngari Ireri; Plaintiff: Njagi Mbuvi; Defendant: Mbogo Nyaga Gatema; Defendant: Nicholas Njeru Ngunguru; Defendant: Godfrey Njeru Kaenjaga; Defendant: Evan Ndathi; Defendant: Ngondi Kathaka; Defendant: The Land Registrar Mbeere District
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 615 of 2013
- Procedural Posture
- Miscellaneous Application / Interlocutory Application for Injunction
- Outcome
- interlocutory injunction granted
- Judges
- BN Olao
- Legal Topics
- Caution Removal, Injunctive Relief, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Munyi Ngai
Plaintiff
Severino Mati Ngai
Plaintiff
Munyi Gatimu
Plaintiff
Antony Ngari Ireri
Plaintiff
Njagi Mbuvi
Plaintiff
Mbogo Nyaga Gatema
Defendant
Nicholas Njeru Ngunguru
Defendant
Godfrey Njeru Kaenjaga
Defendant
Evan Ndathi
Defendant
Ngondi Kathaka
Defendant
The Land Registrar Mbeere District
Defendant
Procedural Posture
Miscellaneous Application / Interlocutory Application for Injunction
Legal Issues
- 1 Whether the plaintiffs/applicants are entitled to an order restraining the Land Registrar from removing cautions or restrictions on the suit land parcels pending hearing and determination of the suit.
- 2 Whether the plaintiffs/applicants have demonstrated a sufficient legal interest in the suit land to warrant interim injunctive relief.
Ratio Decidendi
The court found that although the plaintiffs/applicants had not clearly established the precise nature of their legal interest in the suit parcels, the application was unopposed by the Land Registrar, and the plaintiffs/applicants had demonstrated long-term occupation. Given the risk of mischief in land matters and the need to preserve the status quo pending full hearing, the court exercised its discretion to grant the interim orders sought, restraining the Land Registrar from removing the cautions or restrictions until the suit is heard and determined. The court noted that the substantive issues regarding the plaintiffs/applicants' interests would be clarified once all parties are heard.
Court Disposition
interlocutory injunction granted
Orders
- The Chamber Summons dated 9th September 2013 is allowed.
- The Land Registrar Mbeere District is restrained from hearing any dispute or removing the cautions and/or restrictions placed against the titles in land parcels numbers EMBU/GANGARA 522, 325, 345, 523 and 524 pending the hearing of the suit.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
ELC CASE NO. 615 OF 2013
MUNYI NGAI ................................................................................. 1ST PLAINTIFF
SEVERINO MATI NGAI ............................................................... 2ND PLAINTIFF
MUNYI GATIMU .......................................................................... 3RD PLAINTIFF
ANTONY NGARI IRERI ............................................................... 4TH PLAINTIFF
NJAGI MBUVI ................................................................................5TH PLAINTIFF
VERSUS
MBOGO NYAGA GATEMA ......................................................1ST DEFENDANT
NICHOLAS NJERU NGUNGURU ............................................2ND DEFENDANT
GODFREY NJERU KAENJAGA ...............................................3RD DEFENDANT
EVAN NDATHI ..........................................................................4TH DEFENDANT
NGONDI KATHAKA ................................................................ 5TH DEFENDANT
THE LAND REGISTRAR MBEERE .DIST................................6TH DEFENDANT
RULING
This is in respect to the plaintiffs/applicants Chamber Summons (it ought to have been a Notice of Motion) dated 9th September 2013 seeking orders that the Land Registrar Mbeere District (6th respondent herein) be restrained from hearing any dispute or removing the cautions and/or restrictions placed against the titles in land parcels numbers EMBU/GANGARA 522, 325, 345 523 and 524 pending the hearing of this suit. The application is supported by the affidavit of the 1st plaintiff/applicant sworn also on behalf of the other plaintiffs/applicants in which he depones, inter alia, that he and the other plaintiffs/applicants have lived on the said parcels of land for many years and have placed cautions on them yet the District Land Registrar Siakago intends to remove the said cautions and the land will then be sold to third parties hence defeating the plaintiffs/applicants interest in the matter.
Though served, the 6th defendant/respondent did not file any replying affidavit and so this application is not opposed.
I have considered the application and the supporting affidavit. It is not clear what exactly the plaintiffs/applicants’ interest in the said parcels of land is. All I am told is that the plaintiffs/applicants have lived on the land for many years. That alone is not enough to acquire an interest in the land. Nonetheless, as matters stand now, only the 6th defendant/respondent is involved in this application and has opted not to oppose it. The issues will perhaps become more clearer once the other parties come in. This being a land matter and knowing what mischief sometimes comes to play in such matters, I will grant the orders sought.
The Chamber Summons dated 9th September 2013 is hereby allowed.
Costs in the cause.
B.N. OLAO
JUDGE
2ND OCTOBER, 2013
2/10/2013
Coram
B.N. Olao – Judge
CC – Muriithi
Mr. Ngigi for Njiru for Applicant – present
No appearance for Respondent
COURT: Ruling delivered this 2nd day of October 2013 in open Court.
B.N. OLAO
JUDGE
2ND OCTOBER, 2013