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ELCPartially AllowedNot stated in judgment· [2016] KEELC 64 (KLR)
Francis Mwiti Wanderi v M'mbijiwe M'twamwari & another [2016] KEELC 64 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The plaintiff, Francis Mwiti Wanderi, moved the Environment and Land Court at Meru by notice of motion dated 16th November 2016 seeking interlocutory injunctions to restrain the defendants from trespassing on, depositing building stones on, constructing on, cultivating or fencing land parcel number 4886 RUIRI/RWARERA Adjudication Section in Buuri District, pending hearing of the application inter partes and of the suit. He relied on his affidavit stating that he was the recorded owner of the parcel, that the District Land Adjudication & Settlement Officer had by letter dated 10th November 2016 consented to the filing of the suit, and that the defendants had no colour of right and had defied pleas and intervention by the local administration. The defendants, appearing at the inter partes hearing on 7th December 2016, denied having moved onto the parcel but filed no replying affidavit or grounds of opposition. The court noted a letter dated 6th October 2016 from the District Land Adjudication and Settlement Officer confirming the parcel was recorded in the plaintiff's name, found the application meritorious, and granted prayers 3 and 4: an interlocutory injunction restraining interference with the parcel pending determination of the suit, with service on the O.C.S Kiirua Police Station to enforce compliance. The defendants were warned of the consequences of disobedience under Section 29 of the ELC Act. Costs were ordered to be in the cause.
Key legal issues
#01
Entitlement to interlocutory injunction over adjudicated land
Holding
The application was held meritorious and interim injunctive relief granted to the recorded owner
Reasoning
The plaintiff was the recorded owner of parcel 4886 per the District Land Adjudication and Settlement Officer's letter of 6th October 2016, and had obtained consent to file suit by letter dated 10th November 2016. The defendants denied entering the parcel but filed no replying affidavit or grounds of opposition. On the uncontroverted material the court found the application meritorious and granted the injunction pending inter partes hearing and determination of the suit, with police enforcement.
p. 2
Legal principles established
#- Where the register/record of an adjudicated parcel confirms ownership and the defendants file no replying affidavit or grounds of opposition, an application for interlocutory injunction may be granted as meritorious
Court orders
#- 1.Prayer 3 granted - a copy of the court order on prayer 2 to be served upon the O.C.S Kiirua Police Station to enforce compliance
- 2.Prayer 4 granted - interlocutory injunction restraining the defendants from trespassing, depositing building stones, constructing structures, dealing, cultivating, fencing or otherwise interfering with parcel number 4886 RUIRI/RWARERA Adjudication Section pending hearing and determination of the suit
- 3.The O.C.S Kiirua Police Station ordered to enforce compliance of order 4
- 4.Consequences of disobedience of court orders under Section 29 of the ELC Act brought to the attention of the defendants
- 5.Costs shall be in the cause
- Jurisdiction invoked
- Environment and Land Court Act (original civil jurisdiction over land disputes; consent to sue under the Land Adjudication regime granted by the District Land Adjudication & Settlement Officer)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Francis Mwiti Wanderi v M'mbijiwe M'twamwari & another [2016] KEELC 64 (KLR)", Case Analysis (2016). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/64/eng@2016-12-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.