[2016] KEELC 601 (KLR)
The court found that the applicant had demonstrated that the estate of the deceased had been in exclusive and uninterrupted possession of the suit properties for over 12 years, had made substantial developments, and stood to suffer irreparable loss if the properties were interfered with before the suit was heard. As...
Source-derived case information.
- Citation
- [2016] KEELC 601 (KLR)
- Parties
- Applicant: Paul Mwenda M'Inoti (administrator ad litem of the estate of Hellen Karambu M'Inoti, deceased); Respondent: Peter Kirima Imathiu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Originating Summons 101 of 2016
- Procedural Posture
- Originating Summons / Ruling on Interlocutory Application for Injunction and Inhibition
- Outcome
- Application allowed in terms of prayer 4 only (order of inhibition granted).
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Temporary Injunctions, Inhibition Orders, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Mwenda M'Inoti (administrator ad litem of the estate of Hellen Karambu M'Inoti, deceased)
Applicant
Peter Kirima Imathiu
Respondent
Procedural Posture
Originating Summons / Ruling on Interlocutory Application for Injunction and Inhibition
Legal Issues
- 1 Whether the applicant has established a prima facie case for grant of a temporary injunction restraining the respondent from interfering with the applicant's occupation of the suit property.
- 2 Whether an order of inhibition should issue to preserve the suit property pending determination of the suit.
- 3 Whether the applicant's claim of adverse possession warrants interim protection of the property.
Ratio Decidendi
The court found that the applicant had demonstrated that the estate of the deceased had been in exclusive and uninterrupted possession of the suit properties for over 12 years, had made substantial developments, and stood to suffer irreparable loss if the properties were interfered with before the suit was heard. As the application was unopposed and the grounds were substantiated by affidavit evidence, the court exercised its discretion to grant an order of inhibition to preserve the suit properties pending the hearing and determination of the suit. The court declined to grant the broader injunctive reliefs at this stage, limiting its order to inhibition only, and directed compliance with...
Court Disposition
Application allowed in terms of prayer 4 only (order of inhibition granted).
Orders
- An order of inhibition is issued inhibiting any dealings in property Title Number NYAKI/MUNITHU/1480 & 1481 pending the hearing and determination of this suit.
- Plaintiff to fully comply with Order 11, CPR, within 60 days and serve all compliance documents upon the Defendant/Respondent.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ORIGINATING SUMMONS N0. 101 OF 2016
IN THE MATTER OF L.R NOS. NYAKI/MUNITHU/1480 & 1481
AND
IN THE MATTER OF THE LAND REGISTRATION ACT
AND
IN THE MATTER OF THE LIMITATION OF ACTIONS ACT
PAUL MWENDA M'INOTI (Suing in his capacity as administrator
ad litem of the estate of HELLEN KARAMBU M'INOTI
DECEASED.....................................................................PLAINTIFF/APPLICANT
VERSUS
PETER KIRIMA IMATHIU.............................................DEFENDANT/RESPONDENT
R U L I N G
1. This application is dated 18th July, 2016 and seeks orders:-
1) THATthis application be certified urgent and heard ex-parte in the first instance on account of its urgency.
2) THATthis Honourable Court be pleased to grant an Order of Temporary Injunction restraining the Defendant by himself, his agents, employees, servants, assigns or any other person acting on his behest from evicting or in any other way interfering with the Applicants' right of user and occupation of the Property Title Number NYAKI/MUNITHUU/1480 & 1481 pending the hearing and determination of this Application or further orders of Court.
3) THATthis Honourable Court be pleased to grant an Order of Temporary Injunction restraining the Defendant by himself , his agents , employees, servants assigns or any other people acting on their behest from transferring , selling, evicting or in any other way interfering with the Applicant;s right of user and occupation of Property Title Number NYAKI/MUNITHU/1480 & 1481 pending the hearing and determination of this suit.
4) THATan order of inhibition be issued inhibiting any dealings in property Title Number NYAKI/MUNITHU/1480 & 1481 pending the hearing and determination of this application and/or until this suit is heard and determined.
5)THATthe costs of this Application be provided for.
2. The application is supported by the affidavit of PAUL MWENDA M'INOTI and has the following grounds:-
(a) The Deceased and her beneficiaries have been for more than 12 years, without the permission of the Respondents, in exclusive, actual, open and uninterrupted possession of the Property Title Numbers NYAKI/MUNITHU/1480 & 1481 and her estate has acquired beneficial interest under the doctrine of adverse possession.
(b) The Deceased made substantial developments on the Land including but not limited to putting up a permanent housing structure and growing crops thereon including maize, pepper, beans avocado and griveria trees since 1993.
(c) The Deceased 's heirs and beneficiaries will suffer irreparable loss and damages if they are evicted from the land or if the land is sold off and they thus lose the rights they have acquired over it.
(d) It is only fair and equitable to preserve the suit land to enable the Applicant to ventilate his cause on behalf of the estate of the Deceased.
3. The Application was to be heard interpartes on 27. 07. 2016 but despite service, the Defendant was absent. Advocate Nyauchi, for the Plaintiff, asked the Court to allow the application because it was not opposed.
4. The The following orders were issued:-
(1) Application is allowed in terms of Prayer 4 only.
(2) Plaintiff to fully comply with Order 11, CPR, within 60 days and serve all compliance documents upon the Defendant/Respondent who is not present in Court.
(3) Upon achievement of Compliance, parties to obtain a mutually convenient date for hearing of the suit from the Registry .
(4) Costs shall be in the cause.
(5) It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 27TH DAY OF JULY, 2016 IN THE PRESENCE OF:
CC: Lilian/Daniel
Nyauchi for the Plaintiff /Applicant
Defendant absent
P.M. NJOROGE
JUDGE