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ELCPartially AllowedNot stated in the judgment (Notice of Motion dated 18th September, 2020)· [2021] KEELC 2803 (KLR)
Mumeita Ole Nanteya v Isaiah Lemashon Ole Tayek & another [2021] KEELC 2803 (KLR)
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·~5 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Applicant, claiming to be a bona fide member of Maji Moto Group Ranch allotted parcel number 1872 upon demarcation, moved the court by Notice of Motion dated 18th September 2020 seeking a temporary injunction directed at the District Land Registrar Narok North/South to forbid all dealings or further registration of entries over CISMARA/MAJI MOTO/1872 pending the hearing of the suit, or any order evicting him from the land, plus costs. He deponed that the parcel was later registered in the name of the 1st Respondent without supportive documents or records, that he took possession upon being shown the land by the adjudication committee, and that the 1st Respondent was separately allotted parcel 1755, no member being entitled to two shares. The 1st Respondent opposed, asserting registered ownership, that adjudication records do not confer proprietorship absent a transfer form, and that the Applicant was a member of Naroosura Group Ranch. Applying Order 40 rule 1 of the Civil Procedure Rules and the Giella v Cassman Brown principles, the court found the Applicant had demonstrated allocation of the suit land to him through a register and area list signed by ranch officials and stamped by the adjudication officer, while the 1st Respondent failed to demonstrate how he acquired the parcel and obtained title. Irreparable loss and balance of convenience were also found in the Applicant's favour. The court allowed the application in terms of prayer 3 and directed that each party bear its own costs. Judgment delivered virtually at Narok on 16th June 2021 by Mohamed N. Kullow, Judge.
Key legal issues
#01
Whether the Applicant established a prima facie case with high chances of success warranting a temporary injunction over CISMARA/MAJI MOTO/1872
Holding
Yes - the Applicant demonstrated allocation of the suit land to him, while the 1st Respondent did not demonstrate how he acquired the parcel and was issued a Title Deed.
Reasoning
The Applicant attached a register and area list showing his allocation, signed by the ranch officials and stamped by the District Land Adjudication Settlement Officer. The 1st Respondent, despite producing a Title Deed, did not explain the process by which he was registered, instead blaming the ranch officials and the 2nd Respondent. The court inferred the 1st Respondent prompted the registration through filing of transfer documents. Prima facie case, irreparable harm and balance of convenience were all satisfied, justifying the injunction in terms of prayer 3.
p. 2
Legal principles established
#- The applicant for an interlocutory injunction must establish a prima facie case with high chances of success, irreparable loss not compensable by damages, and, if in doubt, the balance of convenience (Giella v Cassman Brown).
- An applicant for an injunction must make full and frank disclosure and show a right, legal or equitable, requiring protection.
- One cannot violate another citizen's rights only at the pain of damages (irreparable injury principle).
Court orders
#- 1.Application allowed in terms of prayer number 3 (injunction pending the hearing and determination of the suit directed at the District Land Registrar Narok North/South to forbid all dealings or further registration of any entries in the register over CISMARA/MAJI MOTO/1872 and/or evicting the Applicant)
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Order 40 rule 1 of the Civil Procedure Rules (interlocutory injunction jurisdiction in the pending suit)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mumeita Ole Nanteya v Isaiah Lemashon Ole Tayek & another [2021] KEELC 2803 (KLR)", Case Analysis (2021). Not stated in the judgment (Notice of Motion dated 18th September, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2803/eng@2021-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.