Charles Ray Coulston & 2 others v Henry Kiarie Waweru & another [2017] KEELC 2190 (KLR)
The bottom line
#The Environment and Land Court froze any sale or transfer of a Nairobi property after a suspected fraudulent transfer, protecting a children's charity from eviction.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs established a prima facie case with a probability of success and irreparable harm justifying a temporary injunction
The court was satisfied: the Plaintiffs were registered proprietors since 1999 and discovered a transfer to the 1st Defendant on 31/12/2015 for Kshs. 25,000,000 which they allege was fraudulent; interference would evict them and paralyse the rehabilitation centre, causing irreparable harm.
The Plaintiffs acquired and were registered as proprietors of the Suit Property in 1999, developed it and run a rehabilitation centre for street children there. They discovered the original title missing and a transfer to the 1st Defendant recorded in 2015, which they allege was fraudulent and reported to the police. If the property were sold, transferred or encumbered before the suit is heard, they could be evicted and the operations of the centre paralysed - loss not compensable in damages. The Defendants, duly served by substituted advertisement, did not enter appearance or file any papers to contest the claim.
Legal principles established
#- Where a plaintiff's operations on suit land would be paralysed and eviction would follow from interference, such damage cannot adequately be compensated by an award of damages and a temporary injunction may issue.
Court orders
#- 1.Temporary injunction restraining the Defendants from selling, disposing of, transferring, encumbering or interfering with L.R. No. 36/880/1 Nairobi pending determination of the suit
- 2.Application dated 25th May 2017 allowed with costs to the Plaintiffs
- Jurisdiction invoked
- Original civil jurisdiction over land matters (Environment and Land Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Charles Ray Coulston & 2 others v Henry Kiarie Waweru & another [2017] KEELC 2190 (KLR)", Case Analysis (2017). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2190/eng@2017-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.