[2001] KEHC 568 (KLR)
The court found that the plaintiff, having produced a valid title deed to the disputed land and established her status as administrator of her late husband's estate, had demonstrated a prima facie case warranting protection by way of a temporary injunction. The defendant's claims regarding historical occupation and...
Source-derived case information.
- Citation
- [2001] KEHC 568 (KLR)
- Parties
- Plaintiff: Rebecca Mwikali Makiti; Defendant: Wilson Mutava Ndonye
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- ? 245 of ??
- Procedural Posture
- Civil Case / Ruling on Interlocutory Injunction
- Outcome
- Temporary injunction granted with costs to the plaintiff.
- Legal Topics
- Temporary Injunctions, Title to Land, Quiet Possession, Succession and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rebecca Mwikali Makiti
Plaintiff
Wilson Mutava Ndonye
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendant from interfering with her possession of land parcel KALAMA/KATANGA/27 pending determination of the suit.
- 2 Whether the plaintiff has established a prima facie case with a probability of success.
Ratio Decidendi
The court found that the plaintiff, having produced a valid title deed to the disputed land and established her status as administrator of her late husband's estate, had demonstrated a prima facie case warranting protection by way of a temporary injunction. The defendant's claims regarding historical occupation and alleged appropriation during adjudication did not displace the plaintiff's documentary title at this interlocutory stage. The balance of convenience favored maintaining the status quo to prevent irreparable harm to the plaintiff's proprietary rights pending final determination of the suit.
Court Disposition
Temporary injunction granted with costs to the plaintiff.
Orders
- A temporary injunction is issued restraining the defendant from interfering with the plaintiff's possession of land parcel KALAMA/KATANGA/27 until final determination of the suit or further orders of the court.
- The plaintiff is awarded costs of this application.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CIVIL CASE NO. 245 OF 2000
REBECCA MWIKALI MAKITI ::::::::::::::::::::::::::::::::::: PLAINTIFF VERSUS WILSON MUTAVA NDONYE :::::::::::::::::::::::::::::::::::: DEFEN DANT
Coram: J. W. Mwera J. Applicant in person 10 Respondent in person C.C. Muli ***************************
R U L I N G
The plaintiff/applicant acting in person filed her chamber summons here on 31. 1.2001 under what the contents and, later, submission revealed that she sought orders under O 39 rr. 1, 2 Civil Procedure Rules. She pleaded that by virtue of a grant to administer the estate of her late husband one Joseph Makiti Ndavi she succeeded to that land parcel of land known us KALAMA/KATANGA/27. She displayed a title deed 20 thereto. Her plea to court was that the Respondent be restrained from interfering with the plaintiff’s quiet possession of the said land without threat etc from the Respondent.
On his part the Respondent also in person told the court that his grandfather gave land to the family of Ndavi, into which the plaintiff married, to settle. That that went on, through the time of his own father but that when he, the Respondent, was away working, adjudication took place whereupon the plaintiff’s family took a chunk from the Respondent’s family land and made it their own. That should be the source of this feud, the court took it.
After hearing both sides the plaintiff who has a title to the land in dispute has made out a prima facie case to warrant a temporary injunction until the suit herein is 10 finally disposed of or further orders of the court.
Orders granted with costs.
Delivered on 21st March 2001.
J. W. MWERA JUDGE