[2017] KEELC 195 (KLR)
The court found that the plaintiff had established a prima facie case for the preservation of the suit property. The defendant, despite being served, did not oppose the application. The court was satisfied that unless an inhibition order was issued, there was a real risk that the suit land could be transferred to...
Source-derived case information.
- Citation
- [2017] KEELC 195 (KLR)
- Parties
- Plaintiff: Wilfred Mwirigi Mugambi; Defendant: Siriaka Gantuku Marko
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 162 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
- Outcome
- Application allowed in part; inhibition order granted; no order as to costs.
- Legal Topics
- Inhibition Orders, Land Sale Agreements, Protection of Suit Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Mwirigi Mugambi
Plaintiff
Siriaka Gantuku Marko
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition Order
Legal Issues
- 1 Whether an inhibition order should be issued to prevent dealings with Parcel No. Abogeta/U-Kiringa/846 pending determination of the suit.
- 2 Whether the plaintiff has demonstrated sufficient grounds for preservation of the suit property.
Ratio Decidendi
The court found that the plaintiff had established a prima facie case for the preservation of the suit property. The defendant, despite being served, did not oppose the application. The court was satisfied that unless an inhibition order was issued, there was a real risk that the suit land could be transferred to third parties, thereby rendering the suit nugatory and causing irreparable harm to the plaintiff. Accordingly, the court exercised its discretion to grant the inhibition order as sought in prayer 2 of the application, with no order as to costs.
Court Disposition
Application allowed in part; inhibition order granted; no order as to costs.
Orders
- An inhibition order is hereby issued preventing any dealings on the register of Parcel No. Abogeta/U-Kiringa/846 pending the hearing and determination of this suit.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 162 OF 2017
WILFRED MWIRIGI MUGAMBI..................................................PLAINTIFF
VERSUS
SIRIAKA GANTUKU MARKO..................................................DEFENDANT
RULING
1. The Notice of Motion dated 23rd June, 2017 seeks the following orders:-
1) Spent.
2) That the Court be pleased to issue inhibition orders preventing any dealings on the register of Parcel No. Abogeta/U-Kiringa/846 pending the hearing and determination of this application and suit.
3) Costs of this application be provided for.
2. The application is based on the ground:-
1) That the defendant entered into an agreement for the sale of an Acre out of the above suit land with the plaintiff and fully paid the consideration.
2) That the defendant never transferred the parcel to the plaintiff even after granting possession to the plaintiff.
3) That the defendant is evicting /forcefully removing the plaintiff from the suit land if inhibition is not placed the applicant stand to suffer irreparably.
3. There is also a Supporting Affidavit of the applicant (filed on 28:06:17) in essence, what applicant is stating is that there is a need to preserve the land by way of an inhibition. That way the Suitland will not fall in the hands of the 3rd parties.
The application was not opposed despite service having been effected. I find that the application is meritorious. Prayer 2 is allowed with no orders as to costs.
DELIVERED, SIGNED AND DATED IN OPEN COURT AT MERU THIS 4TH DAY OF OCTOBER, 2017 IN THE PRESENCE OF:
CA: Janet
Kaimenyi h/b for M.G Kaume for Plaintiff
Kithinji for defendant present
Hon. L.N. MBUGUA
ELC JUDGE