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ELCAllowedNot stated in the extract (suit commenced by plaint filed 4 February 2014)· [2015] KEELC 590 (KLR)

Kamau James Njendu v Serah Wanjiru Mburu Registrar of Titles Nyandarua [2015] KEELC 590 (KLR)

Environment and Land Court
5 March 2015
MSMUNYAO SILA
572 words in judgment
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The bottom line

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A Kenyan landowner with a title deed won an injunction because the rival title-holder never came to court to defend her claim.

What this practically means

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Executive summary

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The plaintiff sued by plaint filed 4 February 2014, alleging that he was allocated plot No. 565 in Mutonyora Settlement Scheme by the Director of Land Adjudication and Settlement, which became land parcel Nyandarua/Mutonyora/565. The Settlement Fund Trustees transferred the land to him and he was registered as sole proprietor on 7 October 2008. On 23 November 2013 a search revealed the parcel registered in the name of the 1st defendant, whose title the plaintiff alleged was a forgery procured by fraud in collusion with the 2nd defendant; he sought, inter alia, cancellation of the 1st defendant's title. Together with the plaint he sought an interlocutory injunction restraining the defendants from occupying, dispossessing him of, or interfering with the suit land pending trial. None of the defendants filed documents opposing the application; the State Law Office indicated the 2nd defendant was not opposing, and the 1st defendant had not entered appearance. Munyao Sila J found the plaintiff had been allotted and transferred the land, held a title deed, and, as the 1st defendant had filed nothing to show her parallel title was authentic, held a prima facie case was demonstrated. The court issued an injunction barring the defendants from entering upon, evicting or interfering with the plaintiff's possession of the parcel, an order of inhibition against registration of any disposition, and ordered costs of the application to be costs in the cause. Dated and delivered at Nakuru on 5 March 2015.

Key legal issues

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01

Prima facie case for interlocutory injunction in competing-title land dispute

Holding

A plaintiff holding a title deed, where the holder of a parallel title files nothing to oppose, demonstrates a prima facie case justifying an injunction

Reasoning

The court observed the plaintiff appeared to have been allotted the land by the Settlement Fund Trustees, that it was later transferred to him, and that he held a title deed. The 1st defendant, holding the parallel title, entered no appearance and filed no papers, so the court could not assess the authenticity of her title. On that footing the court found a prima facie case and considered it a fit case for an injunction pending the hearing of the suit.

p. 1

Legal principles established

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  • A party demonstrating a title deed to suit land, unopposed by the holder of a parallel title, establishes a prima facie case for an injunction

Court orders

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  1. 1.Pending hearing and determination of the suit, the defendants are barred from entering, being upon, evicting, or in any other way interfering with the possession and occupation of the plaintiff over land parcel Nyandarua/Mutonyora/565
  2. 2.An order of inhibition inhibiting the registration of any disposition in the register of the land parcel Nyandarua/Mutonyora/565
  3. 3.Costs of the application to be costs in the cause
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes; injunction and inhibition pending determination of suit

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kamau James Njendu v Serah Wanjiru Mburu Registrar of Titles Nyandarua [2015] KEELC 590 (KLR)", Case Analysis (2015). Not stated in the extract (suit commenced by plaint filed 4 February 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/590/eng@2015-03-05

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.