Johnes Mwangi GathiI (suing as the legal representative and administrator of the Estate of Margaret Njeri Njuguna (Deceased) v Peter Njoroge Mwangi & 2 others [2018] KEELC 4135 (KLR)
The bottom line
#An Eldoret court blocked the sale of four properties allegedly transferred after their owner died, and ordered rent paid into a joint bank account.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case with probability of success
The plaintiff, as administrator of the estate, demonstrated a prima facie case because the properties were transferred to the 1st and 2nd defendants after the deceased's death and the transfer documents bore irregularities
The plaintiff established locus standi as administrator. The parcels were transferred after the deceased died intestate, and documents such as the land control consent did not bear the applicant's signatures while the transfers were not duly signed by the Land Registrar. These irregularities raised a serious question to be tried with a probability of success, satisfying the first Giella-type limb.
Irreparable harm not compensable by damages
The estate would suffer irreparably if the properties were transferred to third parties, as recovery would be highly technical
The court reasoned that once property passes to third parties, the process of reclaiming it becomes very technical and protracted, meaning damages would not adequately compensate the estate. One parcel already had a school being built on it and transfers to unknown persons were in prospect, reinforcing the risk of the properties being kept out of the court's reach.
Balance of convenience
The balance of convenience tilted towards granting the injunction preserving the estate pending trial
The court applied the test that the inconvenience the plaintiff would suffer if the injunction were withheld and the suit succeeded must exceed the inconvenience to the defendants if it were granted and the suit failed. Finding no doubt, the court held the balance tilted towards preservation of the deceased's estate pending full hearing.
Legal principles established
#- The power to grant a temporary injunction is a discretion to be exercised reasonably, judiciously and on sound legal principles, guided by the prima facie case, irreparable harm and balance of convenience tests
- A prima facie case does not mean a case proved to the hilt but one established if the evidence led in support of it were believed
- Irreparable injury is injury that cannot be adequately compensated in damages; a prima facie case alone is insufficient
Court orders
#- 1.An injunction restraining the 1st and 2nd defendants jointly and severally, their agents, servants, employees or assigns from transferring, charging, wasting, alienating, selling or disposing of parcels No. Eldoret Municipality Connection No. 15/452, Eldoret Municipality (King'ong'o) 3730, Eldoret Municipality 21 (King'ong'o)/4315 and the unregistered plot in Mwanzo estate known as Eldoret Municipality Connection No. 11/50 (Mwanzo) pending the hearing and determination of the suit
- 2.The plaintiff and the 1st and 2nd defendants ordered to open a joint interest-earning account in a reputable bank into which rent from the properties will be deposited
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over disputes relating to land; interlocutory injunctive relief under the court's inherent powers
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Johnes Mwangi GathiI (suing as the legal representative and administrator of the Estate of Margaret Njeri Njuguna (Deceased) v Peter Njoroge Mwangi & 2 others [2018] KEELC 4135 (KLR)", Case Analysis (2018). Notice of Motion dated 17.3.2017 (Eldoret Environment and Land Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4135/eng@2018-03-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.