Mereina Teketi Munene v Lekenke Ole Teketi [2018] KEELC 3251 (KLR)
The bottom line
#A Kajiado court blocked any sale or transfer of disputed family land until an appeal over 25 acres is decided.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant established a prima facie case with a probability of success warranting a temporary injunction and inhibition pending appeal
The Applicant established a prima facie case; her appeal was arguable and she would be prejudiced if the land were disposed of before the appeal was heard.
The court applied the Giella principles and the definition of a prima facie case in Mrao. It noted the appeal arises from dismissal of her claim to 25 acres under a family land agreement dated 30 May 2013, making the appeal arguable. It found she would be prejudiced if the suit land was disposed of pending appeal, rendering the appeal nugatory, and that the registered Respondent would suffer no prejudice from an inhibition. On that basis, the injunction/inhibition threshold was met.
The proper test for granting injunctions pending appeal
The court applied the Giella v Cassman Brown principles and the Court of Appeal's guidance that such orders preserve the status quo pending appeal.
The court framed the application as one for interlocutory orders pending appeal, invoking Order 42 rule 6(6) of the Civil Procedure Rules and Section 68 of the Land Registration Act. It relied on Charterhouse Bank and Buluku for the proposition that the court need only form an opinion on whether the appeal is arguable, without delving deeply into the appeal itself, so as not to prejudice its trial.
Legal principles established
#- The purpose of granting an injunction pending appeal is to preserve the status quo and prevent the appeal from being rendered nugatory.
- Where an appeal is arguable and the applicant would be prejudiced by disposal of the suit land, an inhibition may issue pending appeal, particularly where the registered proprietor suffers no prejudice.
Court orders
#- 1.An inhibition order registered by the Land Registrar Kajiado against land parcel number KAJIADO/DALALEKUTUK/7116 against any dealings, lease, subdivision, transfer or charge pending the hearing and determination of the Appeal
- 2.Costs in the cause
- On appeal from
- Principal Magistrates' Court, Kajiado
- Civil Suit No. 293 of 2013
- Jurisdiction invoked
- Sections 3, 13, 18 and 19 of the Environment and Land Court Act 2011; Order 40 rules 2 and 51 rule 1 and Order 42 rule 6(6) of the Civil Procedure Rules; Section 68 of the Land Registration Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mereina Teketi Munene v Lekenke Ole Teketi [2018] KEELC 3251 (KLR)", Case Analysis (2018). Notice of Motion dated 18th December 2014 (Kajiado Environment and Land Case). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3251/eng@2018-05-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.