[2011] KEHC 1057 (KLR)

[2011] KEHC 1057 (KLR)

The court found that the applicant and his family have been in possession of the disputed plot since the 1970s, with all official correspondence and payment of rates addressed to Sawe Busienei. The respondents, despite obtaining a grant in respect of Mary Chemarus's estate, had not produced any documentary evidence...

Source-derived case information.

Citation
[2011] KEHC 1057 (KLR)
Parties
Plaintiff: Robert Tanui (Suing as the legal representative of the estate of Sawe Busienei); Defendant: Elseba Jebichi Mengech; Defendant: Chrisca Real Estates; Defendant: Raphael Arap Chepkwony; Defendant: Angeline Cheplemoi
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
30 September 2011
Case Number
Civil Case 53 of 2011
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction Application
Outcome
Interlocutory injunction granted in favour of the applicant pending hearing and determination of the suit.
Legal Topics
Ownership Disputes, Succession and Inheritance, Injunctive Relief, Possession, Title Registration
Source Language
english
Land and Property Civil Procedure Ownership Disputes Succession and Inheritance Injunctive Relief Possession Title Registration

Source-derived case record

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Robert Tanui (Suing as the legal representative of the estate of Sawe Busienei)

Plaintiff

Elseba Jebichi Mengech

Defendant

Chrisca Real Estates

Defendant

Raphael Arap Chepkwony

Defendant

Angeline Cheplemoi

Defendant

Procedural Posture

Civil Case / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the applicant has established a prima facie case for grant of a permanent injunction pending hearing and determination of the suit.
  2. 2 Whether the applicant or the respondents have a better claim to possession and ownership of Nakuru Municipality Block 13/312.
  3. 3 Whether the sale of the suit property by the 3rd and 4th defendants to the 1st defendant was valid in light of the pending succession disputes and lack of title.

Ratio Decidendi

The court found that the applicant and his family have been in possession of the disputed plot since the 1970s, with all official correspondence and payment of rates addressed to Sawe Busienei. The respondents, despite obtaining a grant in respect of Mary Chemarus's estate, had not produced any documentary evidence of ownership or collected rent from the property for over 40 years. The purported sale to the 1st defendant occurred while the dispute was ongoing and was not in good faith. The court noted that neither party held a title to the land, and the question of rightful ownership could only be determined at a full hearing. Given the applicant's long-standing possession and the balance...

Court Disposition

Interlocutory injunction granted in favour of the applicant pending hearing and determination of the suit.

Orders

  • An order of injunction is granted restraining the defendants from interfering with Nakuru Municipality Block 13/312 pending hearing of the suit.
  • Applicants are restrained from disposing, selling, or transferring the plot to anybody pending hearing of the suit.