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ELCAllowedNot stated in the excerpt· [2020] KEELC 1338 (KLR)

Catherine Wanja Njoka & another v John Njagi Dan [2020] KEELC 1338 (KLR)

Environment and Land Court
23 September 2020
PNP. M. Njoroge
323 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Chuka court froze all land dealings on Karingani/Ndagani/91 while it first hears a challenge to the plaintiffs' adverse possession claim.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Environment and Land Court at Chuka delivered by P. M. Njoroge, J, on 23rd September 2020. The plaintiffs moved by notice of motion dated 17th December 2019 seeking certification as urgent and an order of inhibition restraining registration of dealings in respect of L.R. No. Karingani/Ndagani/91, pending the hearing of the application and the main suit, with costs in the cause. The plaintiffs' claim, as set out in the grounds of the application, was that the defendant is the registered owner of the suit lands but that the plaintiffs have continuously occupied a portion measuring approximately two acres for a period exceeding twelve years, entitling them to ownership of that portion under the doctrine of adverse possession. The application was grounded on the need to preserve the suit property pending the hearing of the claim. When the application came up for interpartes hearing on 23rd September 2020, the parties consented to have the application allowed so that, without delay, they could canvass a Preliminary Objection against the entire suit filed by the defendant and dated 2nd June 2020. The court thereupon allowed the application with costs in the cause, directed that the Preliminary Objection be canvassed first, and gave a timetable for the filing of written submissions by the proponent and the plaintiffs, with a mention to confirm filing on 12th October 2020. No authorities were cited and no substantive determination of the adverse possession claim was made.

Key legal issues

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01

Preservation of suit property pending determination of an adverse possession claim

Holding

The court allowed the application for an order of inhibition restraining registration of dealings in the suit land, finding it necessary to preserve the property pending hearing of the plaintiffs' claim founded on adverse possession.

Reasoning

The plaintiffs asserted continuous occupation of approximately two acres of the suit land for over twelve years and claimed ownership by adverse possession. By consent of the parties at the interpartes hearing, the application was allowed so that the defendant's Preliminary Objection against the entire suit could be canvassed without delay.

p. 1
02

Sequence of hearing: Preliminary Objection before the main suit

Holding

The court directed that the defendant's Preliminary Objection dated 2nd June 2020 be canvassed first, before the substantive adverse possession suit.

Reasoning

The parties consented at the interpartes hearing to have the inhibition application allowed so they could proceed directly to argue the Preliminary Objection against the entire suit. The court issued a timetable for written submissions, giving the proponent 7 days and the plaintiffs 7 days thereafter, with a mention on 12.10.2020.

p. 2

Legal principles established

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    Court orders

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    1. 1.The application dated 17th December 2019 is allowed with costs to be in the cause
    2. 2.The Preliminary Objection filed by the defendant and dated 2nd June 2020 will be canvassed first
    3. 3.The proponent of the Preliminary Objection to file submissions within the next 7 days
    4. 4.The plaintiffs to file submissions within 7 days after receipt of the proponent's written submissions
    5. 5.Parties to come to court to confirm filing of submissions on 12.10.2020
    Jurisdiction invoked
    Not stated in the judgment (Environment and Land Court, asserting jurisdiction over land claim based on adverse possession and registration of dealings in L.R. No. Karingani/Ndagani/91)

    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, "Catherine Wanja Njoka & another v John Njagi Dan [2020] KEELC 1338 (KLR)", Case Analysis (2020). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1338/eng@2020-09-23

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