Mathew Musyimi Nzube & 2 others v Joseph Mwanthi Nyeze 5 others [2018] KEELC 4607 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Prima facie case with probability of success
The applicants failed to demonstrate a prima facie case; the adjudication process was complete and their remedy lay in an appeal to the Minister, not in court
The applicants sought to stop printing of title deeds, which implies the adjudication process was complete. Being dissatisfied with the objection proceedings, they ought to have appealed to the Minister under section 29 of the Land Adjudication Act before approaching the court. No tangible evidence showed the respondents secretly carved out their parcels, so no prima facie case was established.
Irreparable injury not compensable by damages
The second Giella principle was not proved
The court found nothing in the supporting affidavit showing any interest the applicants had in the respondents' parcels of land. Without a demonstrated interest, the applicants could not show irreparable injury that damages would not adequately compensate; the adjudication section records already reflected the respondents' ownership.
Balance of convenience
Balance of convenience tilts in favour of the respondents who have been in possession and occupation
The applicants failed in the objection proceedings and failed to appeal against the decision. The respondents have been in possession and occupation of their respective portions of land, so granting an injunction would inconvenience the party with established possession.
Legal principles established
#- Where statute provides an appeal mechanism (to the Minister under section 29 of the Land Adjudication Act), a dissatisfied party in adjudication proceedings must exhaust that remedy before resorting to court
Court orders
#- 1.The application dated 5th October 2017 is dismissed with costs to the first and the fourth respondents
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act (Cap 21); Order 40 Rules 1 and 2 and Order 51 Rule 1 of the Civil Procedure Rules, 2010; Section 13(7)(a) of the Environment and Land Court Act (Cap 12A); Land Adjudication Act (Cap 284)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mathew Musyimi Nzube & 2 others v Joseph Mwanthi Nyeze 5 others [2018] KEELC 4607 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4607/eng@2018-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.