[2009] KEHC 2910 (KLR)

[2009] KEHC 2910 (KLR)

The court found that the applicant had failed to prosecute her application for revocation of grant for over four years and had not served the respondent or his advocate. The court concluded that the application for revocation was not bona fide and was intended merely to buy time. Furthermore, the applicant was found to have engaged in multiple litigations over the same property, both directly and through proxies, and failed to disclose these proceedings to the court. The court held that such non-disclosure of material facts and indolence disentitled the applicant to the equitable relief sought. The court emphasized that it would not assist an indolent or non-candid litigant and that the...

Citation
[2009] KEHC 2910 (KLR)
Parties
Applicant: Peris Ndagara; Respondent: Nyaga Mbogo
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
3 June 2009
Case Number
Miscellaneous Succession Cause 5 of 1979
Procedural Posture
Succession Cause / Ruling on Application for Prohibition Order Pending Revocation of Grant
Outcome
application dismissed with costs
Judges
MSA Makhandia
Legal Topics
Revocation of Grant, Prohibition Orders, Non Disclosure of Material Facts, Indolence in Prosecution, Multiple Litigation, Land Disputes
Source Language
English
Civil Procedure Land and Property Revocation of Grant Prohibition Orders Non Disclosure of Material Facts Indolence in Prosecution Multiple Litigation Land Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Peris Ndagara

Applicant

Nyaga Mbogo

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Prohibition Order Pending Revocation of Grant

Legal Issues

  1. 1 Whether the applicant is entitled to a prohibition order restraining dealings in land parcel Kagaari/Kigaa/404 pending determination of the revocation of grant application.
  2. 2 Whether the applicant's conduct, including non-prosecution of the revocation application and non-disclosure of material facts, disentitles her to equitable relief.

Ratio Decidendi

The court found that the applicant had failed to prosecute her application for revocation of grant for over four years and had not served the respondent or his advocate. The court concluded that the application for revocation was not bona fide and was intended merely to buy time. Furthermore, the applicant was found to have engaged in multiple litigations over the same property, both directly and through proxies, and failed to disclose these proceedings to the court. The court held that such non-disclosure of material facts and indolence disentitled the applicant to the equitable relief sought. The court emphasized that it would not assist an indolent or non-candid litigant and that the...

Court Disposition

application dismissed with costs

Orders

  • The application for a prohibition order is dismissed with costs to the respondent.
  • The interim prohibitory order issued on 19th February 2009 is vacated.