[2018] KEELC 4744 (KLR)
The court found that there was no evidence before it of a contradictory or duplicative order from the High Court in Nairobi Misc. Application No. 106 of 2017, as the alleged ruling had not been availed. The order in the Nairobi case was directed at family members and concerned income from the suit properties,...
Source-derived case information.
- Citation
- [2018] KEELC 4744 (KLR)
- Parties
- Plaintiff: Samuel M’Imangi M’Laaru (suing by his next friend Jerusha Kanario Mwenda); Defendant: Martin Murithi Maingi; Defendant: Land Registrar, Maua Land Registry
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 325 of 2017
- Procedural Posture
- Civil Case / Interlocutory Application for Extension of Injunctive Orders
- Outcome
- Application for extension of injunctive orders granted.
- Legal Topics
- Injunctive Relief, Land Alienation, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samuel M’Imangi M’Laaru (suing by his next friend Jerusha Kanario Mwenda)
Plaintiff
Martin Murithi Maingi
Defendant
Land Registrar, Maua Land Registry
Defendant
Procedural Posture
Civil Case / Interlocutory Application for Extension of Injunctive Orders
Legal Issues
- 1 Whether the injunctive orders granted on 19:12:17 should be extended pending hearing of the application.
- 2 Whether the orders contradict or duplicate orders issued in Nairobi Misc. Application No. 106 of 2017.
Ratio Decidendi
The court found that there was no evidence before it of a contradictory or duplicative order from the High Court in Nairobi Misc. Application No. 106 of 2017, as the alleged ruling had not been availed. The order in the Nairobi case was directed at family members and concerned income from the suit properties, whereas the present order was directed at the 2nd Defendant to restrain alienation of the land. The court determined that there was no contradiction between the orders. In the interest of justice and to preserve the subject matter, the court extended the injunctive orders restraining the 2nd Defendant from dealing with the suit properties until the next hearing date.
Court Disposition
Application for extension of injunctive orders granted.
Orders
- The injunctive orders granted on 19:12:17 restraining the 2nd Defendant from alienating, subdividing, selling, mortgaging, charging or dealing in any manner with NJIA/KIEGOI/176 and NJIA/CIA MWENDWA/3460 or any portion thereof are extended until 07:03:18.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
CIVIL CASE NO 325 OF 2017
SAMUEL M’IMANGI M’LAARU (SUING BY HIS NEXT
FRIEND JERUSHAKANARIO MWENDA).................PLAINTIFF
VERSUS
MARTIN MURITHI MAINGI...................................1ST DEFENDANT
LAND REGISTRAR, MAUA LAND REGISTRY...2ND DEFENDANT
R U L I NG
1. The application filed on 19:12:17 was brought before me under a Certificate of Urgency and on that day, the Court granted prayer 3 in the interest of justice pursuant to provisions of Section 63 of the Civil Procedure Act.
2. Today (16:01:18), the Court has given further directions on how the application is to be heard. The hearing of the applicant is on 07:03:18.
3. Counsel for the applicant has requested for the extension of the orders given on 19:12:2017 (prayer 3).
4. 1st Defendant’s Counsel has raised an objection on the extension of the said orders averring they are not aware of the order, that the order contradicts a ruling by the High Court in Nairobi Misc. Application NO. 106 of 2017. It is further averred that the ruling is a duplication of the order the applicant have annexed as JKM 1, (an order by Judge Farah Amin).
5. Counsel for plaintiff has averred that 3 weeks after the Court order of 07:08:17 (in the Nairobi case), the 1st Defendant transferred the property to himself.
6. The orders granted by this court on 19:02:17 reads as follows:-
“That the 2nd Defendant be restrained by himself, his agents or servants from alienating, subdividing, selling, mortgaging, charging on dealing in whatsoever manner with NJIA/KIEGOI/176 and NJIA/ CIA MWENDWA/3460 or any portion until further orders of this Court”.
7. Firstly, this Court cannot make a finding on whether the orders in question contradicts a certain ruling by the High Court in Nairobi Misc. App. No. 106/17 for the reason that such a ruling has not been availed to the Court.
8. With regard to the order of 07:08:17 in the case before Judge Farah Amin in NAIROBI, the same is directed to “all the members of the family. That order is mainly dealing with the income accruing from the suit properties.
9. The order in the present matter is directed to the 2nd Defendant. It is only meant to ensure that the land is not alienated. I find no contradiction at all.
10. As such, the orders granted on 19:12:17 are hereby extended until 07:03:18.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 16th JANUARY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet
Ndungu for Plaintiff present
Thangicia H/B for Ngunjiri for 1st Defendant present
HON. L. N. MBUGUA
ELC JUDGE