[2018] KEELC 3812 (KLR)

[2018] KEELC 3812 (KLR)

The court found that the applicant had previously challenged the ownership and subdivision of the suit land through the Land Disputes Tribunal and judicial review proceedings, both of which were decided against him. The applicant did not appeal those decisions and is now seeking to relitigate the same issues in this...

Source-derived case information.

Citation
[2018] KEELC 3812 (KLR)
Parties
Applicant: Nkanata Kaburia Ngaruni; Respondent: Land Registrar Meru; Respondent: Attorney General; Interested Party: Beatrice Kalayu Joseph
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
? 16 of 2017
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application for Inhibition and Injunction
Outcome
application dismissed with costs to the interested party
Legal Topics
Land Registration, Title Challenges, Interlocutory Injunctions, Fraud Allegations, Judicial Review, Succession Disputes
Source Language
en
Land and Property Civil Procedure Land Registration Title Challenges Interlocutory Injunctions Fraud Allegations Judicial Review Succession Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nkanata Kaburia Ngaruni

Applicant

Land Registrar Meru

Respondent

Attorney General

Respondent

Beatrice Kalayu Joseph

Interested Party

Procedural Posture

Constitutional Petition / Ruling on Interlocutory Application for Inhibition and Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an order of inhibition over land parcel KIBIRICHIA/GATHUINE/89 pending hearing of the petition.
  2. 2 Whether the applicant is entitled to an injunction restraining the interested party from evicting him from parcels KIBIRICHIA/GATHUINE/89 and 90.
  3. 3 Whether the applicant has properly challenged the previous tribunal and court decisions through the correct appellate mechanisms.

Ratio Decidendi

The court found that the applicant had previously challenged the ownership and subdivision of the suit land through the Land Disputes Tribunal and judicial review proceedings, both of which were decided against him. The applicant did not appeal those decisions and is now seeking to relitigate the same issues in this petition, which is procedurally improper. The interested party holds a valid title deed issued in 1997, and under the Land Registration Act, such title is prima facie evidence of absolute ownership, only challengeable on specific grounds such as fraud or illegality. The applicant's allegations of fraud and long occupation are unsupported by evidence at this stage. The court...

Court Disposition

application dismissed with costs to the interested party

Orders

  • The application dated 5.9.2017 is dismissed with costs to the interested party.