Jackson Kariuki Gikando (Suing as the Administrator of the Estate of Njine Mwara) v Fridah Gacheri Kirimi & 2 others [2020] KEELC 3113 (KLR)
The bottom line
#The Kerugoya Environment and Land Court refused to freeze dealings over a subdivided Kirinyaga land parcel because the applicant did not prove a strong enough case.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant was entitled to an order of inhibition over NGARIAMA/MERICHI/461
The application was dismissed because the applicant failed to establish a prima facie case, irreparable injury or balance of convenience.
The court held that Parliament gave no guidelines for granting inhibition orders, so the injunction principles apply. The certificate of title over the suit parcel was non-existent as it was closed on partition after sub-division into parcels 742, 1416 and 1417. The resultant titles are registered in the defendants' names and the applicant is not registered as proprietor of any of them. The property was also distributed after determination of Succession Cause No. 122 of 2002 and Misc. Application No. 4 of 2014 (Nyeri).
Whether the preliminary objection on jurisdiction and competence should be upheld
The preliminary objection was not upheld.
The respondents objected that the suit was incompetent, an abuse of process, offended Section 7 CPA and Article 159 of the Constitution, and that the 3rd respondent was irregularly sued. The court considered the application on its merits and declined to uphold the objection, dismissing the motion instead. The judgment does not give detailed reasons for rejecting the preliminary objection.
Legal principles established
#- An order of inhibition under Section 68 of the Land Registration Act is granted on the same principles as an injunction: prima facie case, irreparable injury not compensable in damages, and balance of convenience where the court is in doubt.
Court orders
#- 1.The Notice of Motion dated 2nd July 2019 is dismissed with costs to the defendant/respondent
- 2.The Notice of Preliminary Objection dated 12th July 2019 is not upheld
- Jurisdiction invoked
- Sections 68 and 69 of the Land Registration Act No. 3 of 2012; Order 40 Rule 1(a), 2 & 4(1) CPR; Sections 1A, 1B, 3A and 63 CPA
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jackson Kariuki Gikando (Suing as the Administrator of the Estate of Njine Mwara) v Fridah Gacheri Kirimi & 2 others [2020] KEELC 3113 (KLR)", Case Analysis (2020). Not stated in judgment (relates to land parcel NGARIAMA/MERICHI/461). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3113/eng@2020-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.