[2017] KEELC 259 (KLR)
The court found that the plaintiff/applicant had demonstrated that she has been in occupation of the suit land since 2010 and that there was apprehension of interference by the defendant. The defendant did not file any response to the application. Applying the principles for grant of interlocutory injunctions, the...
Source-derived case information.
- Citation
- [2017] KEELC 259 (KLR)
- Parties
- Plaintiff: Plisila Kathambi; Defendant: Sarah Kaguri M’Rimberia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 75 of 2017
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Injunction
- Outcome
- interlocutory injunction granted for one year; costs in the cause
- Legal Topics
- Injunctive Relief, Land Ownership Disputes, Possession and Occupation, Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Plisila Kathambi
Plaintiff
Sarah Kaguri M’Rimberia
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to an interlocutory injunction restraining the defendant from interfering with her occupation and ownership of Land Parcel Title Number NYAKI/CHUGU/943 pending determination of the suit.
- 2 Whether the plaintiff has demonstrated a prima facie case with a probability of success to warrant the grant of an injunction.
- 3 Whether the balance of convenience tilts in favour of the plaintiff.
Ratio Decidendi
The court found that the plaintiff/applicant had demonstrated that she has been in occupation of the suit land since 2010 and that there was apprehension of interference by the defendant. The defendant did not file any response to the application. Applying the principles for grant of interlocutory injunctions, the court held that the plaintiff had established a prima facie case and that the balance of convenience favoured maintaining the status quo. Consequently, the court granted the injunction restraining the defendant from interfering with the plaintiff's occupation and ownership of Land Parcel Title Number NYAKI/CHUGU/943 for a period of one year, pending further orders or...
Court Disposition
interlocutory injunction granted for one year; costs in the cause
Orders
- An injunction is issued restraining the defendant, her servants, agents, employees or anyone acting on her behalf from building, trespassing, cultivating upon or in any other way interfering with the plaintiff’s rights of occupation or from transferring, selling or subdividing, or evicting the plaintiff, or in any...
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
E&L CASE NO. 75 OF 2017
PLISILA KATHAMBI …………….....………PLAINTIFF/APPLICANT
VERSUS
SARAH KAGURI M’RIMBERIA ….1ST DEFENDANT/RESPONDENT
R U L I N G
1. The Notice of Motion dated 6th day of March, 2017 seeks the following orders:-
1. Spent.
2. That this Honourable Court do issue an injunction restraining the Defendants , their servants, agents, employees or anyone acting on their behalf from building, trespassing, cultivating upon or in any other way interfering with the Plaintiff’s rights of occupation or from transferring, selling or subdividing, or evicting the Plaintiff/Applicant, or in any other way interfering with the Plaintiff’s rights of ownership of the Parcel of Land Title Number Nyaki/Chugu/943 pending the hearing and determination of this Application.
3. That this Honourable Court do issue an injunction restraining the defendants, their servants, agents, employees or anyone acting on their behalf from building, trespassing, cultivating upon or in any other way interfering with the Plaintiff’s rights of occupation or from transferring, selling or subdividing, or evicting the Plaintiff, or in any other way interfering with the plaintiff’s rights of ownership of the Parcel of Land Tittle No. NYAKI/CHUGU/943 pending the hearing and determination of this suit.
4. That costs be in the cause.
2. The application is based on the grounds:-
a. That the 2nd Respondent sold right of ownership he had acquired from the 1ST Respondent over the land Parcel Tittle No. NYAKI/CHUGU/311.
b. That the Applicant is in possession of a 0. 50 Acres portion of the land formerly known as Land Parcel Title No. NYAKI/CHUGU/311 and the portion she is in possession of is now known as Land Parcel Title Number NYAKI/CHUGU/943.
c. That the Applicant is apprehensive that the Respondent wish to deprive her right over Land Parcel Title Number NYAKI/CHUGU/943.
3. The Application was served but no response was filed.
4. In paragraph 7 of the plaint, Plaintiff has stated that she has been in occupation of the Suitland since the year 2010. Prayer 3 is allowed but for a period of 1 year. Costs in cause.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT MERU THIS 21ST DAY OF SEPTEMBER, 2017 IN THE PRESENCE OF: -
CA: Janet
Mammu for Plaintiff/applicant
HON. L.N. MBUGUA
ELC JUDGE