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ELCPartially AllowedNot stated in the judgment· [2021] KEELC 3266 (KLR)

Irvine Mwenda Japhet v Wilberfrce Micheni & Lisbeth Kaimuri (Environment & Land Case E003 of 2021) [2021] KEELC 3266 (KLR)

Environment and Land Court
19 May 2021
PNP. M. Njoroge
506 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan land claimant in occupation for over 12 years secured an inhibition blocking registration of dealings in the land, pending a full hearing.

What this practically means

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Executive summary

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This is a brief ex parte ruling delivered in chambers on 19th May 2021 by P. M. Njoroge, Judge, in the Environment and Land Court. The plaintiff, Irvine Mwenda Japhet, moved the court under Section 68(1) of the Land Registration Act, Order 40 Rules 1 & 2 of the Civil Procedure Rules, 2010 and section 63(e) of the Civil Procedure Act, seeking urgent certification, temporary injunctions restraining the defendants from entering, occupying, cultivating, farming, fencing or otherwise interfering with his occupation of L.R. NO. MWIMBI/CHOGORIA/4652, and orders of inhibition restraining registration of dealings in the land, both pending the interpartes hearing and pending the main suit. The application was supported by the plaintiff's affidavit sworn on 18th May 2021, which asserted that the defendants are the registered owners, that the plaintiff has been in exclusive occupation exceeding the statutory twelve years, that he has lodged an adverse-possession claim, that the defendants had recently entered and dug holes in readiness for planting, prompting discovery of the change of ownership, and that he feared the defendants would deal with the land to defeat his claim. At the ex parte stage the court granted ONLY prayer 3, an order of inhibition restraining registration of dealings in the suit land pending the interpartes hearing. The plaintiff was directed to serve the application on the defendants within 14 days, and the application was fixed for interpartes hearing on 7th June 2021. No costs order was made and no authorities were cited.

Key legal issues

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Whether interim preservation of the suit land by way of inhibition was warranted pending interpartes hearing

Holding

The court granted only the interim order of inhibition restraining registration of dealings in the suit land

Reasoning

The plaintiff asserted exclusive occupation of the land for over twelve years, an adverse-possession claim already lodged, and apprehension that the newly discovered registered owners would defeat the claim by dealings in the land. On that material the court issued the inhibition pending interpartes hearing, deferring all other prayers and directing service within 14 days.

p. 2

Legal principles established

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    Court orders

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    1. 1.Prayer 3 granted: an order of inhibition pending interpartes hearing of the application, restraining the registration of dealings in respect of L.R. NO. MWIMBI/CHOGORIA/4652
    2. 2.The plaintiff directed to serve the application upon the defendants within 14 days
    3. 3.The application to be heard interpartes on 7th June, 2021

    Authorities

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    Legislation

    • Land Registration ActSection 68(1)
    • Civil Procedure Rules, 2010Order 40 Rules 1 & 2
    • Civil Procedure ActSection 63(e)
    Jurisdiction invoked
    Section 68(1) of the Land Registration Act, Order 40 Rules 1 & 2 of the Civil Procedure Rules, 2010 and section 63(e) of the Civil Procedure Act

    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, "Irvine Mwenda Japhet v Wilberfrce Micheni & Lisbeth Kaimuri (Environment & Land Case E003 of 2021) [2021] KEELC 3266 (KLR)", Case Analysis (2021). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3266/eng@2021-05-19

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