Hassan Iddi Malambu and Dr. Ali Kolela Montet (Suing as the Administrator of the Estate of Amina Naanyu Malambu) v Bestel Agencies Company Limited & 2 others [2019] KEELC 1169 (KLR)
The bottom line
#A Kajiado court froze all dealings on disputed Ngong land using an inhibition order, showing courts preserve property when two parties hold competing titles.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs established a prima facie case with probability of success
The Plaintiffs, as administrators of the deceased's estate holding a title deed, established a prima facie case despite competing claims by the Defendants
Both parties held title deeds to the suit land, with the Plaintiffs alleging the Defendants' title was fraudulently obtained after the deceased's death. Relying on Mrao v First American Bank, the court found the claim not baseless: the Plaintiffs were administrators holding the original title, and allegations of fraud arising from two titles over one parcel raised questions requiring determination at a full hearing.
Whether the Plaintiffs would suffer irreparable loss not compensable by damages
The court found it pertinent to preserve the suit land pending determination of ownership, as the Plaintiffs would suffer irreparable harm otherwise
Applying Nguruman Ltd v Jan Bonde Nielsen, the court noted that both parties claimed ownership. The Plaintiffs feared the 2nd Defendant would sell the land to third parties. As administrators of a deceased's estate, the court found preservation of the suit land necessary until ownership was determined, since irreparable harm would otherwise ensue.
Balance of convenience
If the title were not preserved, the property might be wasted away, favouring preservation measures rather than an outright injunction
With both Plaintiffs and the 2nd Defendant staking claims over the suit land, and the sanctity of title in dispute given the 2nd Defendant's purchase and possession, the court concluded the competing claims and the existence of two titles were matters for full trial. It therefore fashioned preservation by way of inhibition and status quo rather than the injunction sought.
Legal principles established
#- Where fraud is alleged, the issues must be determined after a full hearing
- Injunctive relief requires actual, demonstrable injury that cannot be compensated by damages; speculative injury does not suffice
Court orders
#- 1.An inhibition order be and hereby registered by the Land Registrar Kajiado North as against land parcel number NGONG/NGONG/5048 of any dealings, lease, transfer or charge pending the hearing and determination of the suit
- 2.The Obtaining Status Quo be maintained wherein suit land should remain as it is pending the outcome of the suit
- 3.The costs will be in the cause
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court; application under Order 40 Rule 2(1) and (2) of the Civil Procedure Rules and Sections 1A and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hassan Iddi Malambu and Dr. Ali Kolela Montet (Suing as the Administrator of the Estate of Amina Naanyu Malambu) v Bestel Agencies Company Limited & 2 others [2019] KEELC 1169 (KLR)", Case Analysis (2019). ELC Case at Kajiado (suit over land parcel NGONG/NGONG/5048). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1169/eng@2019-10-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.