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ELCAllowedNot stated in the judgment (Environment and Land Court, Chuka)· [2020] KEELC 361 (KLR)

Esther Muguru Njeri Njoroge Micheni v Ian Karani Kamunde [2020] KEELC 361 (KLR)

Environment and Land Court
8 December 2020
PNP. M. Njoroge
4,616 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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A Kenyan widow blocked any sale or transfer of her family land until the court decides who rightfully owns it.

What this practically means

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Executive summary

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The applicant, Esther Muguru Njeri Njoroge Micheni, widow of the late Carey Micheni Munyu, moved the Environment and Land Court at Chuka by Notice of Motion dated 7th October 2020. She alleged that she was allocated parcel No. LR NO.KIERA/MAGUTUNI/98 by her father-in-law in 2017, had lived on and developed it, and discovered in June 2020 that it had been registered on 5th April 2020 in the name of the 1st respondent, her brother-in-law, a German citizen, without her knowledge. She alleged fraudulent and unprocedural acquisition of title, a demand letter requiring her to stop trespassing within three months, and threatened eviction, and sought an inhibition registered against the parcel, temporary injunctions, and alternative status quo orders, citing the Land Control Act's restrictions on non-citizens and Articles 27, 28, 40 and 50(2) of the Constitution. The application was supported by her affidavit and annexures, including a limited grant of letters of administration ad litem. When the application came up for inter-partes hearing on 14th October 2020, it was not opposed. The court allowed it, granting prayer 8: an inhibition registered against parcel No. KIERA/EAST MAGUTUNI/98 restricting any dealings or transfer, with the District Land Registrar Chuka directed to register it pending hearing and determination of the suit. Defendants were given 14 days to respond and file defence. On 8th December 2020, by consent, the parties confirmed the extant orders, deemed the application heard and determined, fixed the hearing for 17th March 2021, and agreed costs would be in the cause.

Key legal issues

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01

Whether an inhibition should issue over the suit land pending determination of the suit

Holding

The court granted prayer 8 of the application, issuing an inhibition against parcel No. KIERA/EAST MAGUTUNI/98 and directing the District Land Registrar Chuka to register it, restraining any dealings or transfer pending hearing and determination of the suit.

Reasoning

The application dated 7th October 2020 sought an inhibition and injunction to protect the applicant's occupation of the suit land, alleging the 1st respondent, a German citizen, fraudulently acquired registration without the Land Control Act exemption. When the application came up for inter-partes hearing on 14/10/2020 it transpired that it was not opposed. The court therefore allowed it and granted prayer 8 in clear terms, and later confirmed the extant orders by consent on 8/12/2020.

p. 7

Legal principles established

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    Court orders

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    1. 1.An inhibition issued and registered against parcel No. KIERA/EAST MAGUTUNI/98 to restrict any dealings or transfer of the said land pending hearing and determination of the suit
    2. 2.The District Land Registrar Chuka directed to register the inhibition
    3. 3.Defendants granted 14 days to respond to the application, file their defence and comply with Order 7 CPR
    4. 4.Parties granted liberal leave to further respond as and if necessary before the next date for directions
    5. 5.On 8/12/2020 by consent: hearing of the suit to proceed on 17/3/2021
    6. 6.By consent: the extant orders confirmed and the application dated 7th October 2020 deemed as heard and determined
    7. 7.By consent: parties granted liberal leave to respond and further respond at least up to 3 days before the hearing date
    8. 8.By consent: orders to be served upon the 3rd defendant within 10 days

    Authorities

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    Legislation

    • Land Control ActCap 302 Laws of Kenya
    • Land Registration ActSection 26
    • Constitution of KenyaArticles 27, 28, 40, 50(2)
    • Civil Procedure RulesOrder 7
    Jurisdiction invoked
    Original jurisdiction of the Environment and Land Court over land parcel No. LR NO.KIERA/MAGUTUNI/98 (not expressly stated in the judgment)

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Esther Muguru Njeri Njoroge Micheni v Ian Karani Kamunde [2020] KEELC 361 (KLR)", Case Analysis (2020). Not stated in the judgment (Environment and Land Court, Chuka). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/361/eng@2020-12-08

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.