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ELCPartially AllowedNot stated in the excerpt· [2021] KEELC 3657 (KLR)

Monica Rwinu Ndungu v Edward Kamau Ndungu & 2 others [2021] KEELC 3657 (KLR)

Environment and Land Court
16 April 2021
866 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to block land dealings but froze the situation as-is, because ownership of a disputed inherited share can only be settled at a full trial.

What this practically means

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Executive summary

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The Plaintiff, who was confirmed as sole beneficiary of the Estate of Ndungu Mugo (deceased) by a Certificate of Confirmation of Grant dated 30th October 1998 in Nairobi High Court Succession Cause No. 319 of 1997, moved the court by Notice of Motion dated 28th January 2020 seeking a temporary injunction restraining the 1st Defendant from trespassing on, alienating, disposing of, damaging or wasting land known as Title No. Donyo Sabuk/Donyo Sabuk West Block 1 – 234, and directing the 2nd Defendant to ensure observance of the orders. She alleged that the 1st Defendant, a former employee of Muka Mukuu Farmers' Co-operative Society Limited, forged the endorsement of share number 2079, manipulated the deceased's share certificate (naming his own wife as next of kin), transferred to himself plot number 157 in 2013, and obtained a Title Deed for the suit land. The 1st Defendant countered that the shares were bought by his late father, that he cared for the deceased, and that the deceased had nominated him as sole beneficiary of the shares and land. The court found the central question — whether the deceased transferred share number 2079, which gave rise to the suit property — could only be determined after trial. Noting that a Title Deed had issued to the 1st Defendant on 31st May 2016 and that the Plaintiff admitted a portion had been transferred to a third party, the court held an injunction as framed would not be apt. It instead ordered that the prevailing status quo be maintained pending the hearing and determination of the suit, with each party bearing its own costs.

Key legal issues

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01

Whether to grant a temporary injunction over the suit property

Holding

The court declined the injunction as framed and instead ordered maintenance of the prevailing status quo pending trial

Reasoning

The core dispute — whether the deceased transferred share number 2079 (which gave rise to the suit property) to the 1st Defendant — could only be resolved after trial. Meanwhile, since a Title Deed had already issued to the 1st Defendant on 31st May 2016 and the Plaintiff admitted a portion had gone to a third party, the injunction as framed would not be apt. Preservation of the status quo was the appropriate interlocutory protection.

p. 2
02

Ownership of share number 2079 at Muka Mukuu Farmers' Co-operative Society Limited

Holding

Left open for trial; the Plaintiff claims it formed part of the Estate while the 1st Defendant claims it was transferred to him by the deceased before death

Reasoning

The Certificate of Confirmation of a Grant dated 30th October 1998 confirmed the Plaintiff as sole beneficiary of the deceased's estate, though it did not specifically refer to share number 2079. The share certificate on record shows a nomination of the 1st Defendant dated 14th November 2007, which the Plaintiff disputes as forged. The court found this contested issue cannot be resolved on the papers and deferred it to trial.

p. 2

Legal principles established

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  • Where the ownership of suit land is disputed and can only be determined at trial, the prevailing status quo of the property should be maintained pending the hearing and determination of the suit
  • An injunction cannot issue in the terms sought where the property has already been titled in the defendant's name and a portion transferred to a third party

Court orders

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  1. 1.The prevailing status quo in respect of land known as Donyo Sabuk/Donyo Sabuk West Block 1-234 to be maintained pending the hearing and determination of the suit
  2. 2.Each party to cater for his/her own costs
Jurisdiction invoked
Inherent jurisdiction to grant interlocutory relief in a land dispute (no specific provision cited)

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, "Monica Rwinu Ndungu v Edward Kamau Ndungu & 2 others [2021] KEELC 3657 (KLR)", Case Analysis (2021). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3657/eng@2021-04-06

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