Naomi Kathira Mungania v Scola Karuthu Muriira (Sued as an Administratrix of the Estate of the Late Lawrence Muriira M’thiruaine (Deceased) & another [2021] KEELC 938 (KLR)
The bottom line
#The Environment and Land Court in Meru blocked land transfers and dealings on a disputed Meru parcel, protecting a widow's adverse possession claim while the case is heard.
What this practically means
#Executive summary
#Key legal issues
#Whether a prima facie case was established
The plaintiff established a prima facie case with a probability of success given a consistent account of how the suit land was transferred
The court found from the pleadings and affidavits that there was a land exchange agreement between the parties' deceased husbands which was frustrated because the defendant's side had no land to exchange. The plaintiff gave a consistent trail of events explaining the registration of the 2nd defendant, which the court accepted as sufficient for a prima facie case.
Irreparable loss and preservation of the property
Transfer of the property to the 2nd defendant soon after confirmation of the grant appeared designed to defeat the plaintiff's claimed rights, justifying inhibitory orders
The court noted the property changed hands soon after confirmation of the grant, ostensibly to defeat the plaintiff's rights, and held inhibition orders under sections 68 and 69 of the Land Registration Act appropriate to preserve the property until hearing.
Balance of convenience
Balance of convenience favoured maintaining the injunction, particularly as an injunctive order of 19.8.2020 was already in existence
The court observed that an injunctive order issued on 19.8.2020 in related proceedings was undisputed and known to the defendants, and reasoned that granting similar orders in this suit maintained the status quo.
Legal principles established
#- An applicant for a temporary injunction must establish a prima facie case with probability of success, irreparable loss, and balance of convenience
- Sections 68 and 69 of the Land Registration Act confer power on the court to issue orders of inhibition to preserve property
Court orders
#- 1.Temporary injunction restraining the defendants from interfering with L.R. No. Ntima/Ntakira/2591 in terms of prayer 2
- 2.Order of inhibition over the suit land in terms of prayer 4, to subsist for one year from the date of the order
- 3.Parties to comply with Order 11 and list the originating summons for hearing within 120 days
- Jurisdiction invoked
- Sections 68 and 69 of the Land Registration Act (inhibitory orders); interlocutory jurisdiction under the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Naomi Kathira Mungania v Scola Karuthu Muriira (Sued as an Administratrix of the Estate of the Late Lawrence Muriira M’thiruaine (Deceased) & another [2021] KEELC 938 (KLR)", Case Analysis (2021). Not stated in the judgment as extracted. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/938/eng@2021-11-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.