Hosea Ayoyi Mombo v Repher Tongola Mombo [2018] KEELC 4145 (KLR)
The bottom line
#A Kenyan land buyer who took possession and kept paying evidence won court protection blocking the seller's step-sister from selling or transferring the land.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant met the Giella test for an interlocutory injunction in a land sale dispute
The applicant established a prima facie case, potential irreparable injury, and the balance of convenience tilted in his favour; the application was merited
The applicant showed a written sale agreement of 8th January 2014 over land then registered in the deceased father's name, surrender of vacant possession, continued occupation, and completion of the transmission into the respondent's name, while she declined to transfer. The respondent alleged forgery but did not deny the applicant's occupation. On that material, an apparently infringed right calling for rebuttal was shown and damages would be inadequate.
Legal principles established
#- The conditions for granting an interlocutory injunction are a prima facie case with probability of success, irreparable injury not adequately compensable by damages, and, if in doubt, the balance of convenience
- A prima facie case is one in which, on the material presented, the court concludes there exists a right apparently infringed so as to call for an explanation or rebuttal from the opposite party, and it is more than an arguable case
Court orders
#- 1.An order of inhibition against title No. MARAMA/LUNZA/4042 prohibiting registration of any dealings whatsoever pending hearing and determination of the suit
- 2.The status obtaining on 13th November 2017 in respect of land parcel MARAMA/LUNZA/4042 be maintained pending hearing and determination of the suit
- 3.Costs to be in the cause
- Jurisdiction invoked
- Section 1A & 63(e) of the Civil Procedure Act and Order 40 rule (1 & 2) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hosea Ayoyi Mombo v Repher Tongola Mombo [2018] KEELC 4145 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4145/eng@2018-03-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.