Samson K A Tim v Grace Kimoi Bitok, Collins Bitok, Elvis K. Bitok, Nelson O. Odhiambo 286 & Attorney General (Environment & Land Case 346 of 2013) [2014] KEELC 171 (KLR)
The bottom line
#A Kenyan landowner with registered title won an injunction freezing the disputed land until the case is decided.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to interlocutory injunction based on registered title
The plaintiff, as registered owner of Lembus/Torongo/790, 791 and 792 who acquired title by transmission, demonstrated a prima facie case with a probability of success and was entitled to an injunction against the 1st-3rd defendants
The only material before the court was the plaintiff's supporting affidavit annexing the titles to the three parcels, showing him as registered owner. The 1st-3rd defendants had no defence on record - their earlier Statement of Defence having been struck out for want of practising certificates - and filed no response to the application, nor did their counsel appear at the inter partes hearing. With no material contesting the plaintiff's title, the court found a prima facie case and granted the injunction.
Consequence of advocates appearing without practising certificates
Counsel alleged not to hold a practising certificate was found, after the firm failed to file the directed affidavit, to be unqualified to appear, leading to striking out the Statement of Defence filed by that firm
On 21 January 2014 the plaintiff tabled a Law Society of Kenya letter suggesting Mr Songoyo lacked a practising certificate. The court directed the firm's proprietor to file an affidavit confirming licensure; none was filed within the prescribed time. The court drew the conclusion that neither the proprietor nor Mr Songoyo held practising certificates, struck out the Statement of Defence and all documents filed by the firm, and ordered the firm to pay the costs.
Legal principles established
#- A plaintiff who demonstrates registered title over suit land, uncontested by any material from the defendants, establishes a prima facie case with a probability of success and is entitled to an interlocutory injunction
Court orders
#- 1.An order of injunction barring the 1st-3rd defendants from wasting, ploughing, leasing, grazing livestock, selling, alienating, charging, sub-dividing, or otherwise dealing with the land parcels Lembus/Torongo/790, 791 and 792 pending the hearing and determination of the suit
- 2.Costs of the application to be costs in the cause
- Jurisdiction invoked
- not expressly stated; Environment and Land Court at Eldoret dealing with an interlocutory application for injunction in a land suit
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samson K A Tim v Grace Kimoi Bitok, Collins Bitok, Elvis K. Bitok, Nelson O. Odhiambo 286 & Attorney General (Environment & Land Case 346 of 2013) [2014] KEELC 171 (KLR)", Case Analysis (2014). Application dated 24 February 2014 in suit commenced by plaint filed 18 June 2013 (Eldoret). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/171/eng@2014-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.