Peter Mwangi Njoroge v Elizabeth Nyaguthie Kariui & 18 others [2015] KEELC 125 (KLR)
- Court
- Environment & Land Court
- Case number
- 125
- Citation
- [2015] KEELC 125 (KLR)
- Decided
- 22 October 2015
The application for injunction is allowed, and the defendants are barred from developing the subdivided land and from registering any disposition in the register of the land parcels.
Facts
The plaintiff's father purchased four shares in a land buying company, one of which was the land parcel Naivasha/Mwiciringi Block 4/2443. The plaintiff, now an adult, discovered that the 1st defendant had obtained title to the land and subdivided it, selling portions to other defendants. The plaintiff seeks to nullify the defendants' registration and prevent them from developing the subdivided land.
Issues
- Whether the plaintiff has a prima facie case for the nullification of the defendants' land registration.
- Whether the plaintiff's father's share in the land should be preserved to prevent a paper judgment if the plaintiff succeeds in the suit.
Reasoning
The plaintiff's father's share in the land is prima facie evidence that the plaintiff could have been entitled to the land parcel No. 2443. The court preserves the subdivisions to prevent a paper judgment if the plaintiff succeeds in the suit.
Outcome
Application for Injunction Granted
Orders
- Defendants barred from developing the subdivided land.
- Order of inhibition issued to prevent registration of any disposition in the register of the land parcels.
- Costs of the application are costs in the cause.
Remedies
- Preservation of the plaintiff's potential entitlement to the land parcel No. 2443.
- Prevention of defendants from developing the subdivided land.
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