[2018] KEELC 1079 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of an inhibition order, having shown long-term occupation of the suit land, lack of alternative land, and a credible threat of eviction by the respondents. The absence of opposition from the respondents further supported the...
Source-derived case information.
- Citation
- [2018] KEELC 1079 (KLR)
- Parties
- Applicant: Stanley Gitonga M’Mwithambu; Respondent: Stephen M. Kiambati; Respondent: Murithi Zachary Mutuambia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 36 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
- Outcome
- Application allowed as drawn.
- Legal Topics
- Inhibition Orders, Adverse Possession, Eviction Threats
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Gitonga M’Mwithambu
Applicant
Stephen M. Kiambati
Respondent
Murithi Zachary Mutuambia
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
Legal Issues
- 1 Whether the applicant is entitled to an inhibition order over parcel No. Kiirua/Naari/1554 pending determination of the suit.
- 2 Whether the applicant has established a prima facie case for the grant of interlocutory orders to preserve the suit property.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of an inhibition order, having shown long-term occupation of the suit land, lack of alternative land, and a credible threat of eviction by the respondents. The absence of opposition from the respondents further supported the applicant's case. The court exercised its discretion to preserve the status quo by granting the inhibition order as prayed, pending the hearing and determination of the main suit.
Court Disposition
Application allowed as drawn.
Orders
- An order of inhibition is issued to inhibit parcel No. Kiirua/Naari/1554 until the application is heard inter-partes.
- The inhibition order is confirmed until the cause is heard and determined.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 36 OF 2018 (OS)
STANLEY GITONGA M’MWITHAMBU...........................APPLICANT
VERSUS
STEPHEN M. KIAMBATI..........................................1ST RESPONDENT
MURITHI ZACHARY MUTUAMBIA.....................2ND RESPONDENT
RULING
1. The application dated 17. 9.2018 seeks the following orders:
(i) Spent.
(ii) That the Honourable court be pleased to issue an order of Inhibition to inhibit parcel No. Kiirua/Naari/1554 until this application is heard inter-parties.
(iii) That the Honourable court be pleased to confirm prayer (2) above until this cause is heard and determined.
(iv) That costs of this application be in the cause.
2. The grounds in support of the application are that the applicant was born on the suit land, that he is the one in occupation of the suit land (where he has built a permanent house) for a period of over 15 years and that the respondents have threatened to evict him. Applicant also avers that he has no other land and that the respondent has never stayed on the Suitland as he stays elsewhere, 15 kilometers away.
3. When the application came up for inter-partes hearing on 18/10/2018, there was no appearance for Defendants’/ Respondents. This ruling is hence based on the material so far provided by the Applicant. I find that the application is merited. The same is allowed as drawn.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 31ST DAY OF OCTOBER, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Ogoti for applicant
HON. LUCY. N. MBUGUA
ELC JUDGE