M'RUTERE M'NGARUNI v M'NGARUNI M'MUGA & 2 others
The bottom line
#An unopposed application for a temporary land injunction can be granted quickly by the High Court of Kenya.
What this practically means
#Executive summary
#Key legal issues
#Whether to grant an interlocutory injunction restraining interference with plot No. 596 Kiirua/Nkando
The application was allowed as it was unopposed.
The application sought an injunction restraining the respondents from entering, cultivating, transferring, disposing of, constructing on or otherwise interfering with the suit plot pending hearing of the application and the main suit. When heard inter partes, the defendants expressly did not oppose the prayer, and counsel for the plaintiff asked that the application be allowed as unopposed. The court accordingly allowed the application and awarded costs to the plaintiff.
Legal principles established
#- An unopposed interlocutory application may be allowed where the respondents do not oppose the relief sought.
Court orders
#- 1.The Plaintiff's/Applicant's application dated 16th July 2012 is allowed
- 2.Costs awarded to the plaintiff
- Jurisdiction invoked
- Inherent jurisdiction of the High Court to grant interlocutory injunctions pending hearing of the main suit (statutory basis not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "M'RUTERE M'NGARUNI v M'NGARUNI M'MUGA & 2 others", Case Analysis (2013). . Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.