[2007] KEHC 1178 (KLR)
The court found that the plaintiff had established a prima facie case for the grant of an interlocutory injunction, having demonstrated long-term occupation of the disputed land and the risk of eviction due to the land being registered in the 1st defendant's name. The absence of any opposition or reply from the...
Source-derived case information.
- Citation
- [2007] KEHC 1178 (KLR)
- Parties
- Plaintiff: Wanjiru Njuguna Kilama; Defendant: Late Kitungat Nyapaiwa; Defendant: Joel Kanchori Ole Sinkeen; Defendant: Daniel Kishil Ole Nkinyi; Defendant: Amos Tajayia Sankiti; Defendant: District Land Registrar
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 417 of 2007
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Injunction
- Outcome
- Application for interlocutory injunction granted with costs to the plaintiff.
- Legal Topics
- Injunctions, Land Title Disputes, Eviction, Rectification of Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wanjiru Njuguna Kilama
Plaintiff
Late Kitungat Nyapaiwa
Defendant
Joel Kanchori Ole Sinkeen
Defendant
Daniel Kishil Ole Nkinyi
Defendant
Amos Tajayia Sankiti
Defendant
District Land Registrar
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to an interlocutory injunction restraining the 1st defendant from entering or working on parcel Kajiado/Elangata WAUS/612 pending determination of the suit.
- 2 Whether the plaintiff has demonstrated a prima facie case with a probability of success regarding her claim to the disputed land.
- 3 Whether there is a risk of irreparable harm to the plaintiff if the injunction is not granted.
Ratio Decidendi
The court found that the plaintiff had established a prima facie case for the grant of an interlocutory injunction, having demonstrated long-term occupation of the disputed land and the risk of eviction due to the land being registered in the 1st defendant's name. The absence of any opposition or reply from the defendants further strengthened the plaintiff's case. The court held that it was just and equitable to preserve the status quo by restraining the 1st defendant from interfering with the plaintiff's occupation of parcel Kajiado/Elangata WAUS/612 pending the determination of the main suit. Costs of the application were awarded to the plaintiff.
Court Disposition
Application for interlocutory injunction granted with costs to the plaintiff.
Orders
- An injunction is issued restraining the 1st defendant, his agents and/or servants from entering or working on parcel Kajiado/Elangata WAUS/612 pending determination of the suit.
- Costs of the application awarded to the plaintiff/applicant.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 417 of 2007
1. Land and Environmental Law Division
2. Subject of main suit Land
i. IR Kajiado/Elangata/WAUS/612
ii. Land buying Ranch issued tile deed
LR Kajiado/Elangata WAUS/612 belonging to the applicant to the 1st defendant
iii. New title deed issued LR Kajiado/Elangata WAUS/37 to the applicant that does not belong to her and is very far away.
iv. Has been in her land for over 18 years.
3. Application for injunction dated 26 July 2007. Defendant served – field no reply.
4. Held: Injunction to issue title the determination of the main suit.
5. Case law – Nil
6. Advocates:
K. Charagu of Kimani Charago & Co. Advocates for the plaintiff/applicant – present
L.W. Kamau & Co. Advocates for the 1st -4th defendant/respondent – present for ruling only.
J.G. Atanda for attorney General – present 5th defendant
WANJIRU NJUGUNA KILAMA …………………………….PLAINTIFF
VERSUS
LATE KITUNGAT NYAPAIWA …………..…...…….1ST DEFENDANT
JOEL KANCHORI OLE SINKEEN ………..……… 2ND DEFENDANT
DANIEL KISHIL OLE NKINYI …………….....…….. 3RD DEFENDANT
AMOS TAJAYIA SANKITI ………………...…..……. 4TH DEFENDANT
DISTRICT LAND REGISTRAR ……………...……. 5TH DEFENDANT
RULING
I: Background of application.
1. Wanjiru Njunge Likana a widow has been living on land parcel Kajiado/Elangata WUAS/612 for over 18 years. The land had been acquired through a land buying company group Ranch.
2. The company or Rank had issued her with a title deed being Jajiad/Elangata/WAUS/37 not being title to land that was hers and was very fr from where she resides. She stated that this could have been a mistake and asked if he register would be amended for her to get the correct title to her land.
3. She filed this application for injunction to restrain the said defendant No.1 from evicting her from her rightful land. The land was by now in the name of he defendant.
4. The respondent/defendant filed no grounds of apposition to this application
II: Application for injunction dated 26 July 2007.
5. The plaintiff/applicant prays for an injunction against the 1st defendant, his agent and or servant from entering or working on the parcel of land Kajiado/Elangata WAUS/612 pending the determination of this suit.
6. There is a reasonable fear on the part of the plaintiff applicant that she may be forcefully evicted from her parcel of land as her land is now in the name of the 1st defendant.
7. I grant the application for injunction against the 1st defendant with costs to the plaintiff/applicant.
Dated this 8th day of November 2007 at Nairobi.
M.A. ANG’AWA
JUDGE
K. Charagu of Kimani Charago & Co. Advocates for the plaintiff/applicant – present
L.W. Kamau & Co. Advocates for the 1st -4th defendant/respondent – present for ruling only.
J.G. Atanda for attorney General – present 5th defendant