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ELCAllowed· [2018] KEELC 3523 (KLR)

Annah Mwihaki Kamau v Pastor Ken & 2 others [2018] KEELC 3523 (KLR)

Environment and Land Court
19 March 2018
EOE. O. OBAGA
413 words in judgment
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The bottom line

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A Nairobi court protected a land buyer from trespassers after her purchase documents went unchallenged, proving organised paperwork wins early in land disputes.

What this practically means

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Executive summary

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This is a ruling by the Environment and Land Court at Nairobi (E. O. Obaga, J) on the plaintiff/applicant's notice of application dated 22nd August 2016 seeking injunctive orders over LR 31 Ruaraka Plot 666 (R 690). The applicant claimed beneficial ownership, having purchased the plot from Sammy Njihia Karanja, who had acquired it from Lucky Summer Estate Limited, named as interested party. Upon purchase, the interested party's records were changed to reflect her ownership and she was issued a share certificate. She averred that in 2016 the defendants trespassed onto the property, deposited building materials and began digging a foundation. An earlier temporary injunction had been issued pending hearing of the application. Though served, the defendants filed no response. Framing the sole issue as whether the applicant had demonstrated a prima facie case with probability of success, the court perused the supporting documents, which showed the transfer to the applicant on 9/2/2016 and issuance of a share certificate on 24th February 2016, with the plot documents previously in Karanja's name. Finding no controverting evidence, the court held a prima facie case was established. It granted a temporary injunction restraining the defendants, their servants, agents and assigns from trespassing, digging trenches, depositing building materials or interfering with the plaintiff's possession pending hearing and determination of the suit, and ordered the defendants to bear the costs of the application. The ruling was delivered at Nairobi on 19th March 2018.

Key legal issues

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01

Whether the applicant established a prima facie case with probability of success to warrant a temporary injunction

Holding

The applicant demonstrated a prima facie case; documents showed transfer of the suit property to her and issuance of a share certificate, with no evidence to controvert her evidence.

Reasoning

The applicant claimed beneficial ownership of LR 31 Ruaraka Plot 666 (R 690), purchased from Sammy Njihia Karanja, who acquired it from Lucky Summer Estate Limited, the interested party. Annexed documents showed transfer into her name on 9/2/2016 and a share certificate issued on 24th February 2016, with prior documents in the name of Sammy Njihia Karanja. The respondents, though served, filed no response, so there was no evidence to controvert her claim. The court found a prima facie case and granted the injunction.

p. 1

Legal principles established

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  • In an application for injunction, the court first asks whether the applicant has demonstrated a prima facie case with probability of success; uncontroversial documentary evidence of title suffices where uncontroverted.

Court orders

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  1. 1.A temporary order of injunction restraining the defendants, their servants, employees, agents, assigns or any other person claiming under them or through them from committing acts of trespass and further digging of trenches and/or depositing building materials and or interfering with the plaintiff's enjoyment and possession of LR 31 Ruaraka plot No.666 (R 690) pending hearing and determination of this suit
  2. 2.The defendants shall bear the costs of this application
Jurisdiction invoked
Original civil jurisdiction over land disputes; application for interlocutory injunction (Giella principles)

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, "Annah Mwihaki Kamau v Pastor Ken & 2 others [2018] KEELC 3523 (KLR)", Case Analysis (2018). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3523/eng@2018-03-19

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