Joyce Wambui Mbau v Attorney General & 2 others [2015] KEELC 567 (KLR)
- Court
- Environment & Land Court
- Case number
- 567
- Citation
- [2015] KEELC 567 (KLR)
- Decided
- 27 February 2015
The court grants an interlocutory order restraining the Defendants from interfering with the suit property pending the hearing and determination of the application.
Facts
The Plaintiff, Joyce Wambui Mbau, is the widow and administrator of the estate of Francis Mbau Murigi. The suit property, Land Parcel No. Kajiado/Kitengela/2692, was transferred to her husband on 15th June 1990. The Plaintiff claims the Defendants conspired to dispose of the estate and attempted to register a caution over the property in 2013. The 3rd Defendant denies entering into a sale agreement with the deceased.
Issues
- Validity of the transfer of the suit property
- Time-barred nature of the suit
- Plaintiff's prima facie case for an injunction
Reasoning
The court finds that the Plaintiff has established a prima facie case and that the Defendants have conspired to dispose of the estate. The court is satisfied that the Plaintiff has substantial interest over the property and that she would suffer irreparable loss if the injunction is not granted.
Outcome
Interlocutory order granted
Orders
- The Defendants are restrained from interfering with or in any way alienating Land Parcel No. Kajiado/Kitengela/2692, pending the hearing and determination of the suit.
Remedies
- Injunction
Authorities cited
Legislation (2)
- Limitation of Actions Act, Cap 22
- Land Control Act
Cases cited (2)
- Giella v Cassman Brown & Co. Ltd (1973) E.A 358
- Kenya Breweries Ltd and Another v Washington Okeyo (2002) 1 E.A. 109
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