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ELCPartially Allowed· [2023] KEELC 427 (KLR)
Peter Mugambi Muriungi v Defendant (sale agreement dated July 16, 2013 - LR No. Nyambene/Old Kiare/2754)
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#What this practically means
#Executive summary
#This was an interlocutory application dated October 8, 2020 by the plaintiff, Peter Mugambi Muriungi, seeking inhibition and a temporary injunction over LR No. Nyambene/Old Kiare/2754 pending the hearing of the suit. The plaintiff claimed to have purchased a portion of the land from the late Zakayo M'Kabu under a sale agreement dated July 16, 2013 for Kshs.400,000/=, took vacant possession, developed the land, executed transfer forms and paid transfer fees. The defendant opposed, asserting he was a bona fide purchaser effective June 26, 2014 of the whole parcel measuring 4 acres, producing a search, land control board consent, transfer documents, stamp duty payment and a title deed issued April 24, 2015, and contending the plaintiff's claim was late and based on an altered agreement. A scene visit report confirmed both parties farming separate portions of the land. The court reviewed the Giella v Cassman Brown principles for injunctions and authorities on inhibition under section 68 of the Land Registration Act. Finding both parties asserting purchaser's interests from the same deceased seller with demonstrated possession, the court granted an order of inhibition against the suit title until hearing and determination of the suit. In place of a temporary injunction, it directed maintenance of the status quo as defined in the scene visit report, and ordered compliance with Order 11 of the Civil Procedure Rules with the suit to be set down for hearing on a priority basis. No costs order was made.
Key legal issues
#01
Whether the competing claims of purchaser's interest warranted preservatory orders over the suit land
Holding
An order of inhibition issued in respect of the suit title pending the hearing and determination of the suit, and status quo as per the scene visit report to be maintained
Reasoning
Both parties claim a purchaser's interest from the late Zakayo Ekabu M'Ekabu and each produced transaction documents and took possession, confirmed by the court's scene visit report showing both farming on identified portions. Given the competing interests and occupation, the court found inhibition necessary to preserve the title, and status quo maintenance more efficacious than a temporary injunction pending full trial.
p. 3
Legal principles established
#- The principles for an injunction are: a prima facie case with a probability of success, irreparable loss which cannot be compensated by damages, and the balance of convenience
- An order for inhibition under section 68 of the Land Registration Act is similar to a prohibitory injunction barring registration of any transaction over disputed property until further orders or disposal of the suit
- Conditions for the grant of inhibition are risk of disposal of the suit property to the applicant's detriment, that refusal would render the suit nugatory, and that the applicant has an arguable case
Court orders
#- 1.An order of inhibition is granted against the title LR No. Nyambene/Old Kiare Scheme/2754 till the hearing and determination of the suit
- 2.The status quo as defined in the scene visit report dated February 8, 2020 is to be maintained till the hearing of the suit in place of a temporary injunction
- 3.Parties to comply with Order 11 of the Civil Procedure Rules and set down the suit for hearing on a priority basis
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes; interlocutory relief sought under section 68 of the Land Registration Act and the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Mugambi Muriungi v Defendant (sale agreement dated July 16, 2013 - LR No. Nyambene/Old Kiare/2754)", Case Analysis (2023). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/427/eng@2023-02-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.