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ELCAllowedNot stated in judgment (suit commenced by plaint filed 3 August 2015)· [2016] KEELC 824 (KLR)

Ruth Wanjiku Mugo v Magutu Kwamboka Lilian & another [2016] KEELC 824 (KLR)

Environment and Land Court
17 May 2016
MSMunyao Sila
779 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan landowner with a title deed can quickly stop rivals from occupying or selling her land by getting an injunction and inhibition order.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nakuru (Munyao Sila J) delivered on 17 May 2016 on an application for injunction under Order 40 of the Civil Procedure Rules. The plaintiff, who pleaded that she was the registered owner of land parcel Mau Summit/Molo Block 3/1052 having acquired it through Dagoretti Nyakinyua Cooperative Society Limited, sued the defendants after discovering that they had filed Molo SPMCC No. 107 of 2015 asserting title to the same parcel and annexing a title deed to it. She sought a declaration that the defendants' title was fraudulently obtained, cancellation of that title, a permanent injunction and costs. By the interlocutory application, she sought to restrain the defendants from occupying, selling or dealing with the suit property pending trial. The defendants, despite service, neither entered appearance nor filed a response, so the court determined the application on the plaintiff's material only. The court noted that the defendants, as plaintiffs in the Molo case, withdrew that suit after the plaintiff applied to be enjoined in it. Holding that the plaintiff had demonstrated a prima facie case by displaying her title deed and that the defendants had tendered no material showing any right over the land, the court granted an interlocutory injunction restraining the defendants from taking possession of or interfering with the plaintiff's possession, restrained them from selling, charging, leasing or otherwise adversely dealing with the title, and issued an order of inhibition against registration of any disposition by any person other than the plaintiff, all pending hearing and determination of the suit. The plaintiff was awarded the costs of the application.

Key legal issues

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01

Prima facie case for interlocutory injunction

Holding

The plaintiff established a prima facie case by producing her title deed to the suit land, and the defendants, though served, filed no response and tendered no material showing any right over the land

Reasoning

The court considered the unopposed application under Order 40 of the Civil Procedure Rules. The plaintiff annexed her title deed showing registration as owner, having acquired the land through Dagoretti Nyakinyua Cooperative Society Limited. The defendants had asserted a rival title in the withdrawn Molo case but tendered nothing before this court. On that material the court found the applicant entitled to protection pending trial and granted the injunction together with an order of inhibition.

p. 2

Legal principles established

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  • A plaintiff who displays a registered title deed to suit land demonstrates a prima facie case entitling her to protection by interlocutory injunction where the defendants tender no material showing any right over the land

Court orders

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  1. 1.The defendants are restrained from taking possession, entering, being upon, or in any other way interfering with the plaintiff's possession of the land parcel Mau Summit/Molo Block 3/1052 (Dagoretti Nyakinyua) pending hearing and determination of this case
  2. 2.The defendants are restrained from selling, offering for sale, charging, leasing, or in any other way adversely dealing with the title to the land parcel Mau Summit/Molo Block 3/1052 (Dagoretti Nyakinyua) pending the hearing and determination of this case
  3. 3.An order of inhibition issued, inhibiting the registration of any disposition in the register of the land parcel Mau Summit/Molo Block 3/1052 (Dagoretti Nyakinyua) forwarded by any other person other than the plaintiff in this case
  4. 4.The plaintiff shall have the costs of this application

Authorities

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Legislation

  • Civil Procedure RulesOrder 40
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court; application brought under Order 40 of the Civil Procedure Rules

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, "Ruth Wanjiku Mugo v Magutu Kwamboka Lilian & another [2016] KEELC 824 (KLR)", Case Analysis (2016). Not stated in judgment (suit commenced by plaint filed 3 August 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/824/eng@2016-05-17

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