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ELCPartially AllowedNot stated in the judgment extract· [2016] KEELC 601 (KLR)

Paul Mwenda M'Inoti (suing in his capacity as administrator ad litem of the estate of Hellen Karambu M'Inoti (Deceased) v Peter Kirima Imathiu [2016] KEELC 601 (KLR)

Environment and Land Court
27 July 2016
PNP. M. Njoroge
510 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Meru court froze all dealings in two land parcels claimed through adverse possession, but declined to stop eviction outright pending a full hearing.

What this practically means

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Executive summary

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This is an interlocutory ruling of the Environment and Land Court at Meru delivered on 27 July 2016 by P.M. Njoroge J. The Plaintiff/Applicant, Paul Mwenda M'Inoti, by a notice of motion dated 18 July 2016 supported by his affidavit, applied on behalf of the estate of a deceased person for urgent injunctive relief over land parcels Title Numbers NYAKI/MUNITHU/1480 & 1481. He claimed that the Deceased and her beneficiaries had been in exclusive, actual, open and uninterrupted possession of the property for more than 12 years without permission, thereby acquiring a beneficial interest under the doctrine of adverse possession, and that substantial developments including permanent housing and crops had been made since 1993. The Applicant sought temporary injunctions restraining the Defendant from evicting, transferring, selling or interfering with the occupation of the property, an order of inhibition against any dealings in the property, and costs. The application was to be heard inter partes on 27 July 2016 but, despite service, the Defendant was absent, and counsel Nyauchi asked the court to allow the unopposed application. The court granted only Prayer 4, issuing an order of inhibition against dealings in the suit property pending hearing and determination of the suit. It directed the Plaintiff to fully comply with Order 11 of the Civil Procedure Rules within 60 days and serve compliance documents on the Defendant, with parties thereafter to take a hearing date from the Registry. Costs were made costs in the cause. The wider injunction prayers were not granted at this stage.

Key legal issues

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01

Whether to grant interim protection over the suit property pending determination of an adverse possession claim

Holding

The court issued an order of inhibition inhibiting dealings in the suit property but declined to grant the wider temporary injunction sought

Reasoning

The Plaintiff/Applicant, sued on behalf of the estate of a deceased person claiming beneficial interest by adverse possession, sought injunction and inhibition orders. The Defendant was served but absent and unrepresented. The court, exercising its discretion at the interlocutory stage, granted only the inhibition prayer to preserve the suit property and directed the Plaintiff to comply with Order 11 directions within 60 days before the suit proceeds to hearing.

p. 2

Legal principles established

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  • An unopposed interlocutory application may be granted only to the extent the court finds appropriate, here limited to an order of inhibition pending full hearing

Court orders

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  1. 1.Application allowed in terms of Prayer 4 only
  2. 2.Plaintiff to fully comply with Order 11, CPR, within 60 days and serve all compliance documents upon the Defendant/Respondent
  3. 3.Upon achievement of compliance, parties to obtain a mutually convenient date for hearing of the suit from the Registry
  4. 4.Costs shall be in the cause

Authorities

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Legislation

  • Civil Procedure RulesOrder 11
Jurisdiction invoked
Not stated in the judgment

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, "Paul Mwenda M'Inoti (suing in his capacity as administrator ad litem of the estate of Hellen Karambu M'Inoti (Deceased) v Peter Kirima Imathiu [2016] KEELC 601 (KLR)", Case Analysis (2016). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/601/eng@2016-07-27

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