[2015] KEHC 3965 (KLR)
The court found that the applicant had established a prima facie case as the owner and person in possession of the suit land, which she has occupied since 1986. The risk of irreparable harm was demonstrated by the applicant's reliance on the land for her livelihood, and the potential deprivation would cause...
Source-derived case information.
- Citation
- [2015] KEHC 3965 (KLR)
- Parties
- Applicant: Ruth Silas M'Mutiga; Respondent: Geoffrey Kathurima M'Kiungu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 20 of 2015
- Procedural Posture
- Civil Case / Ruling on Interlocutory Injunction and Inhibition Application
- Outcome
- Application allowed. Interlocutory injunction and inhibition orders granted pending hearing and determination of the suit. Costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Injunction, Inhibition Orders, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Silas M'Mutiga
Applicant
Geoffrey Kathurima M'Kiungu
Respondent
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction and Inhibition Application
Legal Issues
- 1 Whether the applicant is entitled to interlocutory injunctive orders restraining the respondent from interfering with the suit land pending determination of the suit.
- 2 Whether inhibition orders should issue to prevent dealings on the suit property until final determination.
Ratio Decidendi
The court found that the applicant had established a prima facie case as the owner and person in possession of the suit land, which she has occupied since 1986. The risk of irreparable harm was demonstrated by the applicant's reliance on the land for her livelihood, and the potential deprivation would cause significant hardship. The respondent, though properly served, did not contest the application. The court was satisfied that the circumstances warranted the preservation of the status quo through injunctive and inhibition orders to prevent any interference or dealings with the suit property until the main suit is determined.
Court Disposition
Application allowed. Interlocutory injunction and inhibition orders granted pending hearing and determination of the suit. Costs in the cause.
Orders
- The respondent, their agents, servants, employees, family members or anyone acting on their behalf are restrained from entering, cultivating, harvesting, developing, constructing, alienating, selling or in any other way interfering with land parcel KIIRUA/KIIRUA/NKANDO/837 pending hearing and determination of the suit.
- An order of inhibition is issued preventing any dealings on parcel No. KIIRUA/KIIRUA/NKANDO/837 until final hearing and determination of the suit.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 20 OF 2015
RUTH SILAS M'MUTIGA............................................PLAINTIFF/APPLICANT
VERSUS
GEOFFREY KATHURIMA M'KIUNGU................DEFENDANT/RESPONDENT
R U L I N G
This application is dated 23. 3.2015. It seeks orders:
THAT this application be certified as urgent.
THAT this Honourable court be pleased to issue injunctive orders restraining the respondents by themselves, their agents, servants, employees, family members or anyone acting on their behest from entering, cultivating, harvesting, developing, constructing, alienating, selling or in any other way interfering with the plaintiff's land originally No.915/KIIRUA/NKANDO and now KIIRUA/KIIRUA/NKANDO/837 pending the hearing and determination of this application and the main suit herein.
That orders for inhibition do issue preventing any dealings on parcel No.KIIRUA/KIIRUA/NKANDO/837 until the final hearing and determination of this suit.
Costs, interests and any other relief this Honourable court deems just and fit to grant.
It is supported by the affidavit of the applicant and has the following grounds;
THAT the plaintiff/applicant is a beneficiary and the owner in possession of land parcel No. 915 which has now been re-titled and given a new number to read KIIRUA/KIIRUA/NKANDO/837.
THAT the suit land belonged to the plaintiff who has been in occupation of the same since 1986 and she depends on the same for her livelihood.
THAT unless inhibition and injunctive overs are issued, the plaintiff and the family will be blocked from their only source of livelihood thus causing them irreparable loss, damage and live a destitute life
There is evidence that the defendant/respondent was properly served and was aware of today's interpartes hearing.
Mrs Kaume said that she was relying on the particulars on the face of the application and the applicant's Supporting Affidavit. This application is deemed properly heard interpartes. It is allowed. Costs shall be in the cause.
Delivered in Open Court at Meru this 6th day of May, 2015 in the presence of:
Cc. Lilian/Daniel
Mrs Kaume for the Applicant
P. M. NJOROGE
JUDGE