[2010] KEHC 4035 (KLR)
The court found that the defendant's possession of the suit land was undisputed and that granting the injunction would effectively evict her from the property. Furthermore, the plaintiff was found to be asserting a third party's claim, lacking the requisite locus standi to seek the injunction. Consequently, the...
Source-derived case information.
- Citation
- [2010] KEHC 4035 (KLR)
- Parties
- Plaintiff: Peris Njeri Thuo (Suing as the legal rep. of the estate of the late Thuo Nganga Boro); Defendant: Hannah Wanjiku Mungai
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 203 of 2007
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Injunction Application
- Outcome
- application dismissed with costs
- Legal Topics
- Interlocutory Injunctions, Land Ownership Disputes, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peris Njeri Thuo (Suing as the legal rep. of the estate of the late Thuo Nganga Boro)
Plaintiff
Hannah Wanjiku Mungai
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff is entitled to an interlocutory injunction restraining the defendant from dealing with the suit land.
- 2 Whether the plaintiff has locus standi to bring the application on behalf of a third party.
- 3 Whether granting the injunction would amount to evicting the defendant from land she is in possession of.
Ratio Decidendi
The court found that the defendant's possession of the suit land was undisputed and that granting the injunction would effectively evict her from the property. Furthermore, the plaintiff was found to be asserting a third party's claim, lacking the requisite locus standi to seek the injunction. Consequently, the application did not meet the threshold for the grant of an interlocutory injunction, and the court dismissed it with costs to the defendant.
Court Disposition
application dismissed with costs
Orders
- The plaintiff's application for an interlocutory injunction is dismissed with costs to the defendant.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Civil Suit 203 of 2007
PERIS NJERI THUO (Suing as the legal rep. of
the estate of the late THUO NGANGA BORO………...PLAINTIFF
VERSUS
HANNAH WANJIKU MUNGAI………………DEFENDANT
RULING
This is an application by the plaintiff under Order 39 Rules 1, 2, 3 and 9 of the Civil Procedure Rules as well as Section 3A of the Civil Procedure Act. In it the plaintiff seeks an injunction to restrain the defendant by herself her servants and or agents from entering, tilling, planting and or in any other way dealing with the piece of land known as Molo South/Ikumbi Block 8 (Haraka)/120. In her affidavit in support of the application, the plaintiff claims that by a written agreement to which she was a witness, her deceased husband sold the land to one Esther Chepngeno Soi. The defendant has without any colour of right purported to lease that land to one Samuel Sang thus causing the said Esther Chepngeno Soi to claim a refund of the purchase price from her. She therefore seeks the above stated order of injunction.
In her replying affidavit the defendant has annexed a copy of the Title Deed for the land in her name and prayed for the dismissal of this application. Her counsel has argued that this suit has no probability of success as the plaintiff is suing on behalf of a stranger.
I have considered these submissions and read the pleadings. The defendant’s claim that she is and has been in possession of the suit land for a long time has not been disputed by the plaintiff. I therefore agree with Mr. Karanja for the defendant that if granted, the order of injunction will cause the eviction of the defendant from the suit piece of land. I also agree with him that the plaintiff is purporting to urge a third party’s claim. In the circumstances I dismiss this application with costs.
DATED and delivered this 27th day of January 2010.
D. K. MARAGA
JUDGE.