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ELCPartially AllowedNot stated in the judgment· [2017] KEELC 195 (KLR)

Wilfred Mwirigi Mugambi v Siriaka Gantuku Marko [2017] KEELC 195 (KLR)

Environment and Land Court
4 October 2017
243 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Meru court blocked any sale or transfer of disputed land while a buyer's lawsuit over an unpaid-for-transfer purchase is decided.

What this practically means

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Executive summary

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This was a ruling on a Notice of Motion dated 23rd June 2017 filed by the plaintiff in a land suit before the Environment and Land Court at Meru. The plaintiff sought an inhibition order preventing any dealings on the register of Parcel No. Abogeta/U-Kiringa/846 pending the hearing and determination of the application and the suit. The application was grounded on the plaintiff's assertion that he had entered into an agreement with the defendant for the sale of one acre out of the suit land, had fully paid the consideration, and had been granted possession, but that the defendant had never transferred the parcel to him. The plaintiff further alleged that the defendant was forcefully evicting him from the land and that, absent an inhibition, he stood to suffer irreparable loss. The application was supported by the plaintiff's affidavit filed on 28th June 2017, in which he stressed the need to preserve the suit land so that it would not fall into the hands of third parties. Although service was effected on the defendant, the application was not opposed. The court, Hon. L.N. Mbugua, ELC Judge, found the application meritorious and allowed Prayer 2, issuing the inhibition order over the suit parcel pending hearing and determination of the application and suit. The court made no orders as to costs. The judgment was delivered, signed and dated in open court at Meru on 4th October 2017.

Key legal issues

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01

Whether an inhibition order should issue over the suit land pending hearing and determination of the suit

Holding

Yes. The court found the application meritorious as it was unopposed and the applicant showed the land needed preservation to prevent it falling into the hands of third parties and to prevent the defendant evicting the plaintiff.

Reasoning

The plaintiff claimed to have entered into an agreement with the defendant for the sale of one acre out of the suit parcel, fully paid the consideration, and been granted possession, but no transfer was effected. The defendant was allegedly forcefully evicting the plaintiff. The application, served on the defendant, was unopposed. The court held inhibition was necessary to preserve the land pending trial.

p. 2

Legal principles established

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  • An unopposed application for inhibition to preserve suit land pending determination of the suit may be granted where the applicant demonstrates the need to preserve the land

Court orders

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  1. 1.Inhibition orders issued preventing any dealings on the register of Parcel No. Abogeta/U-Kiringa/846 pending the hearing and determination of the application and suit
  2. 2.No orders as to costs
Jurisdiction invoked
Environment and Land Court jurisdiction over the suit land (statutory basis not expressly cited in the ruling)

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, "Wilfred Mwirigi Mugambi v Siriaka Gantuku Marko [2017] KEELC 195 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/195/eng@2017-10-04

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