Francis Mwaura Njuguna v Registrar of Titles Kajiado & another [2019] KEELC 1354 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff established a prima facie case with probability of success
A prima facie case was established as the Plaintiff holds a title deed to the suit land and the acquisition of the 2nd Defendant's competing title is questionable
Both the Plaintiff and the 2nd Defendant hold title deeds to the same parcel, which raises issues as to how competing titles arose. The Plaintiff explained how he acquired his title, and the DCI has been investigating the matter. Based on the evidence before the court, the Plaintiff's claim was not baseless and he demonstrated a prima facie case with probability of success at full trial.
Whether the Plaintiff would suffer irreparable loss not compensable by damages
The Plaintiff's injuries are actual and demonstrable, not speculative, and he will suffer irreparable harm not compensable by damages
The Plaintiff holds title and his licensees are in actual occupation while the 2nd Defendant, claiming to be a purchaser for value, has threatened eviction. Following UCB v Mukoome Agencies, the substantial fraud allegation raises a triable issue, and per Nguruman Ltd v Jan Bonde Nielsen the injury must be actual and demonstrable. The court found the injury actual and not compensable in damages.
Whether the balance of convenience favours granting the orders
Balance of convenience favours preservation of the property pending trial
The court reasoned that if the title to the property is not preserved, it may be wasted away, given that both parties stake competing claims over the suit land and the Plaintiff is in occupation. The competing claims over title and occupation meant the issues were best determined at a full trial, warranting preservation of the status quo by inhibition order.
Legal principles established
#- Where fraud is alleged, the party alleging it must be given an opportunity to prove it; a substantial allegation of fraud raises a triable issue
- In injunctive relief, injury must be actual and demonstrable, not speculative, and incapable of compensation by damages
Court orders
#- 1.An inhibition order be registered by the Land Registrar Kajiado as against land parcel number Kajiado/Kitengela/3916 against any dealings, lease or charge pending the hearing and determination of the suit
- 2.Prevailing status quo be maintained where the 2nd Defendant is restrained from evicting the Plaintiff or his licensees from the suit land pending the outcome of the suit
- 3.Costs in the cause
- 4.Parties urged to comply with Order 11 and set the suit down for hearing as soon as possible
- Jurisdiction invoked
- Article 40 of the Constitution; Order 40 and 51 of the Civil Procedure Rules; Section 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Francis Mwaura Njuguna v Registrar of Titles Kajiado & another [2019] KEELC 1354 (KLR)", Case Analysis (2019). Not stated in judgment (Notice of Motion dated 6th December 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1354/eng@2019-10-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.