[2015] KEHC 1223 (KLR)
The court found that the plaintiff had established sufficient grounds for the grant of interlocutory injunctive relief. The evidence presented demonstrated that the 1st defendant had interfered with the plaintiff's possession and enjoyment of the disputed land parcels and matrimonial home, including evicting her...
Source-derived case information.
- Citation
- [2015] KEHC 1223 (KLR)
- Parties
- Plaintiff: Rosalid Julia Ngugi Murungi (on behalf of deceased estate of Jamlick Njagi); Defendant: Washington Rwigi; Defendant: Humprey Muchiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 67 of 2015
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction Application
- Outcome
- Application partly allowed.
- Judges
- FM Njoroge
- Legal Topics
- Injunctive Relief, Matrimonial Property, Possession of Land, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosalid Julia Ngugi Murungi (on behalf of deceased estate of Jamlick Njagi)
Plaintiff
Washington Rwigi
Defendant
Humprey Muchiri
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff is entitled to restraining orders against the defendants from interfering with specified land parcels until determination of the application.
- 2 Whether the defendants should be restrained from taking over the plaintiff's cows and matrimonial house.
- 3 Whether the plaintiff and her stepdaughter should have access to the matrimonial home.
Ratio Decidendi
The court found that the plaintiff had established sufficient grounds for the grant of interlocutory injunctive relief. The evidence presented demonstrated that the 1st defendant had interfered with the plaintiff's possession and enjoyment of the disputed land parcels and matrimonial home, including evicting her workers, taking over agricultural activities, and denying her access to her home and personal property. The court determined that unless restrained, the defendants' actions would cause irreparable harm to the plaintiff's proprietary and residential interests, which could not be adequately compensated by damages. The court therefore allowed the application in terms of restraining...
Court Disposition
Application partly allowed.
Orders
- The 1st defendant is restrained from interfering with or entering land parcels MAGUMONI/THUITA/4224, 2095, 2181 and 4236 until further orders of the court.
- The 1st and 2nd defendants are restrained from taking over the plaintiff's matrimonial home.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT & LAND CASE NO 67 OF 2015
ROSALID JULIA NGUGI MURUNGI (ON BEHALF OF
DECEASED ESTATE OF JAMLICK NJAGI)...............................................................PLAINTIFF
VERSUS
WASHINGTON RWIGI .....................................................................................1ST DEFENDANT
HUMPREY MUCHIRI........................................................................................2ND DEFENDANT
RULING
This application is dated 6th August, 2015 and seeks orders that :-
The Honourable Court be pleased to issue restraining orders against the 1st defendant and injunct him from interfering or entering in the land parcels of MAGUMONI/THUITA/4224, 2095, 2181 and 4236 until this application is heard and determined and until further orders of this Honourable Court.
The Honourable Court be pleased to restrain the 1st and 2nd defendants from taking over the cows of the applicant and further restrain them from taking over her matrimonial house.
Cost of this application to be paid by the respondents.
The application has the following grounds:-
The 1st defendant chased away the workers of the applicant from the tea farm and started picking tea with his own workers for his own benefit.
The 1st defendant took the applicant's water tank and chased away tenants and replaced them with his own.
The defendants chased away the applicant from her matrimonial home and took away house keys and locked away her clothes, utensils, furniture and all documents.
The application is allowed in terms of prayer 1. Prayer 2 is only allowed to the extent that the defendants are restrained from taking over the Plaintiff's matrimonial home. Caroline Mwenda Njagi, daughter of the deceased husband of the plaintiff should also be allowed full access to the matrimonial home in which she lived before her father died.
The application is deemed to have been heard and determined.
Costs shall be in the Cause.
Parties allowed 10 days to form a panel of arbitrators as they have suggested and report back on 18. 11. 2015.
It is so ordered.
Dated in open Court at Meru this 29th day of October, 2015 in the presence of:-
CC: Lilian/Daniel
Kirima for Plaintiff
Kijabe for Defendants
P. M. NJOROGE
JUDGE