Sammy Muli (suing on his own behalf and that of the Estate of Nzisa Muli the Deceased) v Edward Muli Buna & another [2019] KEELC 1437 (KLR)
The bottom line
#The Makueni land court refused to block a land sale because the applicant had no title deed and couldn't prove he'd suffer harm money couldn't fix.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case
No prima facie case established
The 2nd Respondent holds the title deed to Makueni/Unoa/67 and is the registered owner. The Applicant, an administrator of his late mother's estate, exhibited no title deed and did not controvert the deposition that ownership of the suitland was conclusively determined in Machakos HCCC No.256 of 1996, in which the defendants' defence and counterclaim were dismissed with costs. Accordingly the Applicant failed to demonstrate a prima facie case with a probability of success.
Irreparable harm
No irreparable injury shown
The Applicant alleged he and his siblings would be rendered landless, homeless and destitute if evicted. The court found he did not show how his eviction would cause irreparable harm or injury incapable of adequate compensation by an award of damages, failing the second Giella principle.
Balance of convenience
Balance of convenience tilts in favour of the Respondents
Given the failure on the first two principles, and even if the court were in doubt, the balance of convenience would favour the Respondents as registered owners entitled to possession of the suitland.
Legal principles established
#- A temporary injunction applicant must satisfy the three principles in Giella v Cassman Brown & Co Ltd [1973] EA 358
- A party claiming an interest in registered land must exhibit a title or demonstrate the registered owner's title is impeached
Court orders
#- 1.The Applicant's Notice of Motion dated 18/08/2011 seeking a temporary injunction over Makueni/Unoa/67 is dismissed
- 2.Costs of the application to the Respondents
- Jurisdiction invoked
- Inherent jurisdiction under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 40 Rules 1, 2, 3 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sammy Muli (suing on his own behalf and that of the Estate of Nzisa Muli the Deceased) v Edward Muli Buna & another [2019] KEELC 1437 (KLR)", Case Analysis (2019). Not stated in judgment (Makueni Environment and Land Court; Notice of Motion dated 18/08/2011). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1437/eng@2019-10-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.