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ELCOtherNot stated in the judgment· [2016] KEELC 478 (KLR)
Penina Mwarania Gichunge v Stanley Mwaa M'aluma [2016] KEELC 478 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#A Meru land dispute was paused by agreement: an inhibition now protects the land while the widow who has lived on it for 40 years keeps possession.
What this practically means
#Executive summary
#This is an interim ruling in a land dispute at Meru before P.M. Njoroge, Judge, delivered on 6th September 2016. The applicant, Penina Mwarania Gichunge, a 65-year-old retired teacher, moved by notice of motion dated 28th July 2016 seeking a temporary injunction and an inhibition over L.R. No. Ithima/Ntunene/596 pending the hearing of the suit. Her case was that her late husband, Jacob Gichunge Mucheke, purchased the parcel in 1974 from the respondent's father, M'Aluma Thabuambi, under a written sale agreement, took vacant possession and established the family home there for over forty years; that the vendor died in 1991 before transferring the land; and that the respondent obtained title through succession proceedings she alleges were sham and fraudulent, listing the parcel as the sole asset of the estate. She alleged the respondent and his family were now threatening to forcibly take over the property, sell the miraa crop and dispose of the land. Before the inter partes hearing, the parties recorded a consent on 6th September 2016: status quo as at 3.8.2016 to be maintained, an inhibition to issue over the parcel, the plaintiff to continue enjoying quiet user, occupation and possession pending determination of the suit, and the matter to proceed by viva-voce evidence with liberty to file supplementary witness statements and comply with Order 11 of the Civil Procedure Rules. The court adopted the consent as its order, granted 30 days for compliance with Order 11, marked the application as settled, and ordered costs to be in the cause.
Key legal issues
#Legal principles established
#Court orders
#- 1.Adoption of the parties' consent as an order of the Court: status quo as at 3.8.2016 maintained, an inhibition to issue on Land Parcel No. ITHIMA/NTUNENE/596, and the Plaintiff to continue enjoying quiet user, occupation and possession of the parcel pending hearing and determination of the suit
- 2.The matter to proceed for hearing by way of viva-voce evidence
- 3.Parties at liberty to put in supplementary witness statements and comply with Order 11 of the C.P.R.
- 4.Plaintiff granted 30 days to fully comply with Order 11, CPR
- 5.Respondent to fully comply with Order 11 CPR within 30 days after being served with the Plaintiff's compliance documents
- 6.Application dated 28/7/2016 deemed heard and marked as settled
- 7.Costs shall be in the cause
- Jurisdiction invoked
- Inherent and interim injunctive powers of the court over land disputes; no specific constitutional/statutory provision invoked
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Penina Mwarania Gichunge v Stanley Mwaa M'aluma [2016] KEELC 478 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/478/eng@2016-09-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.