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ELCPartially AllowedNot stated in judgment· [2019] KEELC 2047 (KLR)
Peter Kaaria & another v Albert Musyoka Muriungi [2019] KEELC 2047 (KLR)
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·~4 min to read original · ~4 min briefThe bottom line
#A Kenyan landowner with a title deed won a court order stopping a neighbour's construction and road blockage until the dispute is fully heard.
What this practically means
#Executive summary
#This was an interlocutory application dated 20th June 2019, brought under sections 1, 1A, 1B, 3 and 3A of the Civil Procedure Act and Order 40 Rules 1 and 2 and Order 51 Rule 1 of the Civil Procedure Rules. The plaintiffs, Peter Kaaria and Fredrick Gitonga Mati, sought urgent injunctive relief restraining the defendant from entering, building on, cultivating or otherwise interfering with their quiet possession of Land Parcel No. LR. Meru South/Kamwimbi "A"/2174, and from blocking the public road of access to it, together with a direction to the OCS Chuka Police Station to provide security for removal of a structure erected on the land. The application was supported by the affidavit of Fredrick Gitonga Mati, who deponed that the defendant had wrongfully entered a portion of the registered parcel, begun erecting a stone house, and blocked the road of access. The court corrected its own earlier error of describing the ex parte hearing as inter partes. At the inter partes hearing on 10th July 2019, Mr. Mutani for the plaintiffs relied on the title produced and maintained that the defendant, who lived on the unregistered parcel Kamwimbi A/1832 whose boundaries could not be established, had trespassed and blocked access. Mr. Mugo for the defendant opposed, insisting the construction was on the defendant's own parcel occupied from time immemorial and denying any blockage. Finding the application merited, the court granted prayer 3 as amended in the form of an injunction restraining construction and blockage of the access road pending hearing and determination of the suit, directed the OCS Chuka Police Station to ensure compliance, gave directions on Order 11 compliance within 14 days, fixed directions for 25th September 2019, and ordered costs in the cause.
Key legal issues
#01
Entitlement to temporary injunction in a land dispute
Holding
Application allowed; injunction granted restraining the defendant from constructing a building or blocking the public road of access to the suit parcel pending hearing and determination of the suit
Reasoning
The 1st plaintiff produced a copy of title to parcel No. Meru South/Kamwimbi 'A'/2174 as proof of ownership, while the defendant claimed his construction was on the unregistered parcel Kamwimbi A/1832 whose boundaries could not be established. The applicant argued the disputed construction interfered with quiet possession and blocked the public road of access. The court found the application had merit and granted the amended prayer 3 pending the hearing.
p. 2
Legal principles established
#- A court may grant an interlocutory injunction preserving the position of the parties pending hearing and determination of a land suit where ownership of the registered parcel is shown and the disputed construction interferes with possession and access
Court orders
#- 1.Prayer 3 as amended granted: an injunction restraining the defendant by himself, employees, relatives and/or anybody else acting on his behalf from constructing a building or blocking the public road of access leading to L.R. No. Meru South/Kamwimbi "A"/2174 pending hearing and determination of the suit
- 2.The OCS, Chuka Police Station directed to ensure that construction of the building in dispute and any blockage of the public road of access leading to L.R. No. Meru South/Kamwimbi "A"/2174 is stopped
- 3.The plaintiff directed to fully comply with Order 11, CPR, within 14 days; the defendant directed to do so within 14 days after the period granted to the plaintiff
- 4.Parties to come to court for directions concerning a hearing date on 25th September, 2019
- 5.Costs in the cause
- Jurisdiction invoked
- Sections 1, 1A, 1B, 3 and 3A of the Civil Procedure Act; Order 40 Rules 1 and 2 and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Kaaria & another v Albert Musyoka Muriungi [2019] KEELC 2047 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2047/eng@2019-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.