[2020] KEELC 1425 (KLR)
The court found that the applicant is the registered owner of the suit properties and that the application demonstrated sufficient urgency and a prima facie case for the grant of a temporary injunction. The court was persuaded that, at the ex parte stage, it was necessary to preserve the status quo and prevent...
Source-derived case information.
- Citation
- [2020] KEELC 1425 (KLR)
- Parties
- Applicant: Patrick Kathurima Njiru; Respondent: Richard Kiriinya Muriungi; Respondent: Doris Kathambi Muriungi; Respondent: Peter Marete; Respondent: Faith Muthoni Njiru; Respondent: Land Registrar; Respondent: Meru District Land Registry
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 28 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Temporary Injunction
- Outcome
- interim injunction granted ex parte; matter certified urgent
- Legal Topics
- Temporary Injunctions, Land Title Disputes, Possession and Eviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Kathurima Njiru
Applicant
Richard Kiriinya Muriungi
Respondent
Doris Kathambi Muriungi
Respondent
Peter Marete
Respondent
Faith Muthoni Njiru
Respondent
Land Registrar
Respondent
Meru District Land Registry
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Temporary Injunction
Legal Issues
- 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from interfering with the suit properties pending hearing and determination of the application.
- 2 Whether the matter is urgent and warrants ex parte orders at this stage.
Ratio Decidendi
The court found that the applicant is the registered owner of the suit properties and that the application demonstrated sufficient urgency and a prima facie case for the grant of a temporary injunction. The court was persuaded that, at the ex parte stage, it was necessary to preserve the status quo and prevent possible irreparable harm to the applicant's interests in the properties. Accordingly, the court certified the matter as urgent and granted the temporary injunction as sought in prayer 2 of the application, restraining the 1st to 4th respondents from entering, threatening eviction, demolishing buildings, occupying, or undertaking any activity on the specified parcels of land pending...
Court Disposition
interim injunction granted ex parte; matter certified urgent
Orders
- Prayer 2 in the application is granted: a temporary injunction restraining the 1st to 4th respondents from entering, threatening eviction of tenants, demolishing buildings, occupying or undertaking any activity on Title Numbers Nyaki/Mulathankari/3702, Nyaki/Mulathankari/3703, and Nyaki/Kithoka/4742 pending inter...
- Application to be placed before Hon. Justice Lucy Mbugua, ELC Judge, at Meru on 18th August, 2020.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
MERU ELC CASE NO. 28 OF 2020
PATRICK KATHURIMA NJIRU..............................................PLAINTIFF/APPLICANT
VERSUS
RICHARD KIRIINYA MURIUNGI...........................1ST DEFENDANT/RESPONDENT
DORIS KATHAMBI MURIUNGI..............................2ND DEFENDANT/RESPONDENT
PETER MARETE........................................................3RD DEFENDANT/RESPONDENT
FAITH MUTHONI NJIRU..........................................4TH DEFENDANT/RESPONDENT
LAND REGISTRAR.....................................................5TH DEFENDANT/RESPONDENT
MERU DISTRICT LAND REGISTRY.......................6TH DEFENDANT/RESPONDENT
RULING
1. This application which is dated 5th August, 2020 has been brought to court under a certificate of urgency and seeks the following orders:-
1. This application be certified urgent and heard ex-parte in the first instance.
2. Pending the inter parties hearing and determination of this application, this court be and is hereby pleased to issue a temporary injunction restraining the 1st – 4th defendants/respondents by themselves, their agents, representatives or by any other persons action on their authority from entering into, threatening eviction of tenants, demolishing buildings, occupying or undertaking any activity whatsoever on the parcels of land known as Title Number: Nyaki/Mulathankari/3702. Title Number: Nyaki/Mulathankari/3703 and Title Number Nyaki/Kithoka/4742.
3. Pending the inter parties hearing and determination of the main suit, this court be and is hereby pleased to issue a temporary injunction restraining the defendants/respondents by themselves, their agents, representatives or by any other persons acting on their authority from entering into, threatening eviction of tenants, demolishing buildings, occupying or undertaking any activity whatsoever on the parcels of land known as Title Number: Nyaki/Mulathankari/3702. Title Number: Nyaki/Mulathankari/3703 and Title Number Nyaki/Kithoka/4742.
4. Pending the inter parties hearing and determination of this application and the main suit this court be and is hereby pleased to issue a temporary injunction restraining the 5th defendant from registering a caution, inhibition or restriction on the titles for Title Number: Nyaki/Mulathankari/3702, Title Number: Nyaki/Mulathankari/3703 and Title Number Nyaki/Kithoa/4742 at the instance of the 1st – 4th defendants any other person acting on their directions.
5. The 1st – 4th defendants do bear the costs of this application.
2. The application is supported by the affidavit of Patrick Kathurima Njiru, the plaintiff and has 14 grounds.
3. I note that the suit property is registered in the name of the applicant. At this exparte stage, I am persuaded to certify the matter as urgent and to grant prayer 2 in the application. Prayers 3 and 4 will be considered during the hearing of the application.
4. Accordingly, the following orders are issued:-
a) Prayer 2 in the application is granted.
b) Application to be placed before the Hon. Justice Lucy Mbugua, ELC Judge, at Meru on 18th August, 2020.
c) Costs shall be in the cause.
Delivered in chambers at Chuka this 12th day of August, 2020 in the presence of:
CA: Ndegwa
P. M. NJOROGE,
JUDGE.