Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedNot stated in the excerpt· [2021] KEELC 1813 (KLR)

Joyce Wangechi Ruga v Philip Ole Sronka & 4 others; Kenya Electricity Transmission Company Limited (Interested party) [2021] KEELC 1813 (KLR)

Environment and Land Court
20 September 2021
COChristine Ochieng
2,729 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

#

A Kenyan court protected disputed Kajiado land with an inhibition order instead of an injunction, freezing sales while the main case and succession dispute are resolved.

What this practically means

#

Executive summary

#
The Plaintiff, an administrator of the estate of the late Ruga Gituku, moved the Environment and Land Court at Machakos by Notice of Motion dated 16th October 2020 seeking interlocutory injunctions against the Defendants over land parcel Kajiado/Kaputiei North/1076, its subdivisions (107762-107765), and numerous resultant parcels; she also sought an order compelling the Chief Land Registrar to furnish certified documents and rectification of the register. She alleged the 1st and 2nd Defendants, in collusion with the 4th and 5th Defendants, fraudulently revived a closed title over LR 1076 and were selling subdivisions to the public. The 1st Defendant claimed absolute ownership and alleged fraud by the deceased; the 2nd Defendant (co-administrator) denied involvement and cited a pending succession cause; the Interested Party confirmed purchase of 28 parcels from the deceased. The court declined to grant rectification at an interlocutory stage and declined to deal with the document-production prayer. Applying Giella v Cassman Brown and the Mrao definition of a prima facie case, it found the Plaintiff had locus standi and had established a prima facie case with probability of success, but, given the pending succession cause and uncertainty over third-party transfers, substituted the injunction with an inhibition order registered by the Land Registrar, Kajiado over all the listed parcels pending the suit's outcome. Costs were in the cause. Judgment delivered virtually at Machakos on 20th September 2021 by Christine Ochieng, J.

Key legal issues

#
01

Whether the Plaintiff (administrator of the deceased's estate) has locus standi

Holding

The Plaintiff has locus standi to institute and prosecute the suit

Reasoning

Given that other parties sued are not beneficiaries of the deceased estate, and the Plaintiff alleges her co-administrator colluded with the 1st Defendant to interfere with a suit parcel, the court held it must balance the scales of justice so justice is seen to be done, and found the Plaintiff had locus standi.

p. 3
02

Whether the Plaintiff established a prima facie case warranting an interlocutory injunction

Holding

A prima facie case with probability of success was established, but the injunction was not granted; instead an inhibition order was issued

Reasoning

The 1st Defendant did not deny engaging in transactions with the deceased, and the Interested Party produced 28 certificates of title showing purchases from the deceased. The issues could only be determined after viva voce evidence. Because a related succession cause exists and it was unclear whether some parcels had passed to third parties, the court substituted the injunction with an inhibition order.

p. 3

Legal principles established

#
  • Applications for interlocutory injunctions are determined per the Giella v Cassman Brown principles, with prima facie case defined as in Mrao Ltd v First American Bank of Kenya
  • Prayers for rectification of title cannot be granted at the interlocutory stage
  • An administrator suing where other non-beneficiary parties are joined and alleging collusion by a co-administrator has locus standi; the court balances the scales of justice

Court orders

#
  1. 1.That the Land Registrar, Kajiado do register an inhibition order against all the listed parcels of land (Kajiado/Kaputiei North/107762; 107763; 107764; 107765 including any resultant subdivisions therefrom, and Kajiado/Kaputiei North/2866 through 32028 as listed), pending the outcome of this suit
  2. 2.That costs of the application shall be in the cause

Authorities

#

Legislation

  • Constitution of KenyaArticle 40
  • Civil Procedure ActSections 1A, 1B and 3A
  • Civil Procedure RulesOrder 40 Rule 1; Order 51 Rule 1

Cases cited (14)

  • Salome Wambui Njau (suing as administratrix of the estate of Peter Kiguru Njuguna – deceased) Vs Caroline Wangui Kiguru
    (2013) eKLR
  • Nancy Jepkurui Talai & Another V Sudi Oscar Kipchumba
    (2020) eKLR
  • Beatrice Wambui Kiarie & Others V Tabitha Wanjiku Nganga & 9 Others
    (2018) eKLR
  • Paul Gitonga Wanjau V Gathuthi Tea Factory Company Ltd & 2 Others
    (2016) eKLR
  • Giella Vs Cassman Brown
    (1973) EA 358
  • Mrao Ltd Vs The First American Bank of Kenya Limited & 2 Others
    (2003) eKLR 125
  • Joseph Komen Somek V Patrick Kennedy Suter
    (2018) eKLR
  • Peter Njoroge Nganga V Kenya Reinsurance Corporation Limited & Others
    (2017) eKLR
  • In re Estate of Mohammed Makau (Deceased)
    (2019) eKLR
  • In re Estate of Makokha Idris Khasabuli (Deceased)
    (2019) eKLR
  • Kenya Bankers Association V Kenya Revenue Authority
    (2019) eKLR
  • Bruce Joseph Bockle V Coquero Limited
    (2014) eKLR
  • Samuel Kamau Macharia & Another V Kenya Commercial Bank & 2 Others
    (2012) eKLR
  • American Cynamid Co. Vs Ethicom Limited
    (1975) A AER 504
Jurisdiction invoked
Article 40 of the Constitution; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 40 Rule 1 and Order 51 Rule 1 of the Civil Procedure Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Joyce Wangechi Ruga v Philip Ole Sronka & 4 others; Kenya Electricity Transmission Company Limited (Interested party) [2021] KEELC 1813 (KLR)", Case Analysis (2021). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1813/eng@2021-09-20

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