[2015] KEHC 3295 (KLR)
The court found that the plaintiff had established a prima facie case by demonstrating purchase of the land, possession, and development, while the defendant had failed to respond or appear. The risk of irreparable harm was evident as the plaintiff could be evicted or the property transferred, and monetary...
Source-derived case information.
- Citation
- [2015] KEHC 3295 (KLR)
- Parties
- Plaintiff: Valerio Kibaara; Defendant: Peter Murungi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 30 of 2013
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application for Inhibition and Injunction
- Outcome
- Application allowed in terms of prayers 3 and 5; costs in the cause.
- Legal Topics
- Inhibition Orders, Interlocutory Injunctions, Land Sale Agreements, Title Transfer Disputes
- 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
Valerio Kibaara
Plaintiff
Peter Murungi
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application for Inhibition and Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to an order of inhibition restraining the defendant from dealing with Land Parcel No. Amwathi/Maua/4150 pending hearing.
- 2 Whether interlocutory injunction should issue to restrain the defendant from entering, trespassing, alienating, or dealing with the suit property pending hearing.
Ratio Decidendi
The court found that the plaintiff had established a prima facie case by demonstrating purchase of the land, possession, and development, while the defendant had failed to respond or appear. The risk of irreparable harm was evident as the plaintiff could be evicted or the property transferred, and monetary compensation would not suffice. The court exercised its discretion to grant inhibition and interlocutory injunction orders to preserve the status quo pending hearing, as the balance of convenience favoured the plaintiff.
Court Disposition
Application allowed in terms of prayers 3 and 5; costs in the cause.
Orders
- An order of inhibition is issued against Land Parcel No. Amwathi/Maua/4150 restraining the defendant, his agents, servants, representatives, or any other claiming through him from dealing in any way with the title pending interpartes hearing.
- An interlocutory injunction is granted restraining the defendant, his servants, agents, representatives, or any other person claiming through him from entering, trespassing, alienating, or in any other way dealing in the plaintiff's suit property Land Parcel No. Amwathi/Maua/4150 pending hearing.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND NO. 30 OF 2013
VALERIO KIBAARA............................................................PLAINTIFF
VERSUS
PETER MURUNGI.........................................................DEFENDANT
RULING
This application is dated 25th May, 2015. It seeks Orders:-
1. THATthis matter be certified as very urgent, service be dispensed with and the matter be admitted for hearing in the first instance.
2. THAT the Honourable Court be pleased to issue an order for inhibition against the registered Land Parcel No. Amwathi/Maua/4150 restraining the Defendant/Respondent his agents, servants,representatives or any other claiming through him from dealing in any way in the title therein pending interparties hearing.
3. THATthe Honourable Court be pleased to issue an order for Inhibition against the registered Land Parcel No. Amwathi/Maua/4150 restraining the defendant/respondent his agents, servants, representatives or any other claiming through him from dealing in any way in the title thereon pending interparties hearing.
4. THATthe Honourable Court be pleased to give interlocutory orders of injunction restraining the defendant, his servants, agents representatives or any other person claiming through him from entering, trespassing, alienating or in any other way dealing in the Plaintiff suit property Land parcel No. Amwathi/Maua/4150.
5. THATthe Honourable Court be pleased to give interlocutory orders of Injunction restraining the defendant. His servants, agents, representatives or any other person claiming through him from entering,trespassing, alienating or in any other way dealing in the Plaintiff suit property Land Parcel No. Amwathi/Maua/4150.
6. THATcosts of this application be provided for.
It is supported by the affidavit of the Plaintiff and has the following grounds.
(a)THATthe applicant bought this portion of land measuring 0. 05 acres Plot No Amwathi/Maua/4150 from the defendant through a written agreement in the year 2004 at a consideration of Kshs. 1,450,000/= and pay (sic) in cash.
(b)THATthe applicant immediately took possession and user of the said parcel and proceeded to develop the same by erecting a commercial building.
(c)THATafter the sale agreement , the parties proceeded to the land's office at Maua where the transfer to the applicant's name was effected in the register.
(d)THATafter the above the applicant,comfortably sought for approved plans from the local County Council of Maua to commence development of the plot. The same was issued in his favour though the land title certificate has been issued in the names of the defendant who has refused to transfer to the applicant's name.
(e)THATthe Plaintiff /applicant is apprehensive that the defendant might evict him from the land and further cause a transfer of the title to his disadvantage.
(f)THATunless the orders sought are granted the Plaintiff/Applicant is bound to suffer irreparable loss and damages that cannot be compensated by any award of damages.
The defendant was present in Court on 04/06/2015 when the Court directed that parties be in Court for directions on 13/07/2015.
The Defendant/Respondent is not in Court today, thus delaying the hearing of this application. In the circumstances,I deem it necessary to allow the application with the effect that prayers 3 and 5 are granted.
Costs shall be in the cause.
Delivered in Open Court at Meru this 13th day of July, 2015 in the presence of:-
CC: Daniel/Lilian
Gitonga holding/brief Miss Kiome for Plaintiff/Applicant
Defendant/Respondent Absent
P.M.NJOROGE
JUDGE