Stephen K Gachuru & another v David Cururu Wangunyu ( Sued As The Administrator of The Estate of Lucy W Kuria Cururu (Deceased) [2015] KEELC 751 (KLR)
The bottom line
#A Kenyan court ordered an estate administrator to issue title deeds to family members whose houses he demolished, confirming you cannot take the law into your own hands.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case for interlocutory injunction
Established: the Plaintiffs were beneficiaries in occupation whose houses were demolished by the administrator without a court order or their consent
Undisputed facts showed the Plaintiffs purchased and occupied portions of the deceased's land, were listed as beneficiaries in the confirmed grant of 1995, and their rental houses were demolished by or with the authority of the Defendant. The administrator took the law into his own hands without a court order or consent, giving the Plaintiffs an arguable case with probability of success.
Interlocutory monetary compensation for demolition
Refused
The prayer was mandatory in nature and also sought in the main suit; the loss must be proved by calling evidence and production of exhibits. Granting it at the interlocutory stage would have the effect of ending the litigation before trial.
Mandatory order compelling issuance of title deeds
Granted as a special-circumstances case
The confirmed grant of 1995 already specified the Plaintiffs' acreage as beneficiaries. Their entitlement was plain and obvious, capable of being resolved at once, and the confirmed grant constituted special circumstances justifying a mandatory injunction at the interlocutory stage.
Legal principles established
#- An administrator of an estate may not demolish structures of beneficiaries in occupation without a court order or their consent
- Prima facie case test for interlocutory injunctions
- Mandatory injunctions at interlocutory stage are granted only in special circumstances, e.g. where the issue is plain and obvious
Court orders
#- 1.Allowed the Notice of Motion dated 28th November 2012 in terms of prayers No. 3 and 5
- 2.Compelled the Defendant to issue the Plaintiffs with title deeds for their interest in the suit property
- 3.Plaintiffs/Applicants awarded costs of the application, to be borne by the Defendant/Respondent
- Jurisdiction invoked
- Order 40 Rules 1 & 2 of the Civil Procedure Rules and Sections 1A, 3A and 63 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stephen K Gachuru & another v David Cururu Wangunyu ( Sued As The Administrator of The Estate of Lucy W Kuria Cururu (Deceased) [2015] KEELC 751 (KLR)", Case Analysis (2015). Not stated in the judgment (Notice of Motion dated 28th November 2012). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/751/eng@2015-03-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.