Jedidah Wanjiku Kangethe v Lenkai Ole Lenkaikoni & 2 others [2018] KEELC 4696 (KLR)
The bottom line
#A Kenyan land buyer who paid in full and occupied her plot for decades won court protection stopping eviction and any sale of the land until trial.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff established a prima facie case with a probability of success
Yes - payment of the purchase price, the Respondents' advocates' letter admitting the purchase, and her inclusion in the Certificate of Confirmation of Grant raised triable issues and established a prima facie case
The Plaintiff paid Kshs. 100,000 for five acres, produced receipts not controverted, and the Respondents' own advocates admitted by letter dated 15th February 2017 that she purchased five acres though alleging incomplete payment. She was also granted five acres in a Certificate of Confirmation of Grant, and the Assistant County Commissioner's eviction notice to her caretaker showed threatened interference with her possession. These facts demonstrated an apparently infringed right and triable issues requiring full trial.
Whether the Plaintiff would suffer irreparable loss not adequately compensable in damages
Yes - having paid the purchase price and enjoyed quiet possession, she would suffer irreparable loss if the title is not preserved
The Court found the payment of Kshs. 100,000 was evidenced and uncontroverted, the Respondents refused to sign transfer forms despite the allocation of five acres in the succession cause, and the Applicant had enjoyed quiet possession since 1986, a fact not denied. Loss of land and possession in such circumstances was held not adequately compensable in damages.
Balance of convenience
In favour of preserving the title pending trial, since the property may otherwise be wasted
Having found a prima facie case and irreparable harm, the Court considered the balance of convenience and held that if the title to the property is not preserved it may be wasted away, justifying the inhibition and status quo preservation orders pending the hearing and determination of the suit.
Legal principles established
#- A prima facie case in civil cases is one where the material presented shows a right apparently infringed, calling for rebuttal, and it is higher than an arguable case
- Interlocutory injunctions are granted on the Giella principles: prima facie case, irreparable loss not compensable in damages, and balance of convenience if in doubt
Court orders
#- 1.An inhibition order registered by the Land Registrar Kajiado against Land Parcel Number LR LTK/ROMBO 'B'/2 against any dealings including disposing of, transferring, leasing or charging pending the hearing and determination of the suit
- 2.An injunction restraining the Respondents, their representatives, servants, assigns and/or authorized persons from interfering with, meddling with or issuing eviction threats to the Applicant, her servants, agents and/or assigns in respect of the five (5) acres portion of land in LR No. LTK/ROMBO 'B'/2 that she is occupying pending the hearing and determination of the suit
- 3.Costs in the cause
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act; Order 40 rules 1(a)(b), 3(3), 4(1) and Order 50 rule 1 of the Civil Procedure Rules; Section 101 of the Land Registration Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jedidah Wanjiku Kangethe v Lenkai Ole Lenkaikoni & 2 others [2018] KEELC 4696 (KLR)", Case Analysis (2018). Not stated in the excerpt (application dated 21st July, 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4696/eng@2018-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.