[2001] KEHC 523 (KLR)
The court found that the plaintiff, having succeeded to and been registered as proprietor of the suit land following her late husband's death, holds the title exclusively. There was no evidence that the defendant entered the land with the authority or permission of the deceased, the plaintiff, or any party lawfully...
Source-derived case information.
- Citation
- [2001] KEHC 523 (KLR)
- Parties
- Plaintiff: Wanza Munyao Kiilu; Defendant: Maundu Mutua
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- ? 342 of 1999
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction
- Outcome
- Interlocutory injunction granted in favour of the plaintiff.
- Legal Topics
- Interlocutory Injunctions, Land Title Disputes, Succession and Inheritance
- 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
Wanza Munyao Kiilu
Plaintiff
Maundu Mutua
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to an interlocutory injunction restraining the defendant from interfering with the suit land pending determination of the suit.
- 2 Whether the defendant has any lawful authority or right to occupy or deal with the suit land.
Ratio Decidendi
The court found that the plaintiff, having succeeded to and been registered as proprietor of the suit land following her late husband's death, holds the title exclusively. There was no evidence that the defendant entered the land with the authority or permission of the deceased, the plaintiff, or any party lawfully entitled to pass rights to him. The defendant's claim of purchase from a third party did not override the plaintiff's registered title. To preserve the subject matter pending full determination, the court granted the interlocutory injunction sought by the plaintiff, restraining the defendant from interfering with the land until the suit's conclusion or further orders.
Court Disposition
Interlocutory injunction granted in favour of the plaintiff.
Orders
- An injunction is issued restraining the defendant from interfering with land parcel MWALA/MATHUNTHINI/337 until determination of the suit or further orders.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISC APPLICATION NO. 1420 OF 2001
WANZA MUNYAO KIILU :::::::::::::::::::::::::::::::::::::::::: PLAINTIFF VERSUS MAUNDU MUTUA :::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT
Coram: J. W. Mwera J. 10 Kavila Advocate for Applicant/Plaintiff Kilonzo Advocate for Respondent C.C. Muli
R U L I N G
By way of Chamber Summons under O.39 rr. 1, 2, 3, 9 Civil Procedure Rules and S. 3A Civil Procedure Act, the plaintiff sought an injunction against the defendant not to interfere in any way with the suit land No. MWALA/MATHUNTHINI/337 which the plaintiff/applicant claimed was transferred and registered in her name by virtue of succeeding to it after the death of her late husband (see P&A CAUSE 20 NO.204/96).
Mr. Kavila argued that the defendant had no right or authority of the plaintiff to get on this land and commit the acts of waste complained of. Mr. Kilonzo submitted that his client the defendant bought the land in issue from on Musee Munyao, a son of the deceased Munyao Kilai by his second wife Ndunge Munyao. That the deceased had two wives – the plaintiff and Ndunge. That he subdivided his land between these two houses before his death. That Musee being entitled to the share given to Ndunge was thus right and entitled to sell his land to the defendant. That accordingly the plaintiff should not be granted injunction whereupon the defendant will virtually be thrown out of the land he has bought, built on and cultivated for long.
This court sees this as a rather involved case but from the material placed before it, it is considered that the orders prayed for be granted. The plaintiff got registered over the subject land after succeeding to the title of her late husband. She alone after that holds the title. It is not shown that the defendant got onto the land by permission or authority of the late Munyao Kavila, the plaintiff or any party with lawful authority to pass rights to him.
In sum the injunction issues until the determination of this suit or further orders.
Orders accordingly.
Delivered on 4th July, 2001.
J. W. MWERA JUDGE