Peter Gichia Nyanjui v Simon Kibe Muriithi & 3 others [2016] KEELC 1206 (KLR)

Facts

The plaintiff, Peter Gichia Nyanjui, alleged that the fourth defendant, Attorney General, had placed a restriction on the suit property (Thika Municipality/Block 1/366) preventing any dealings on the land. The plaintiff claimed he had been denied access and use of his land without any justification and that this was causing him irreparable loss, damage, and injustice.

Issues

1. Whether the plaintiff has satisfied the conditions set out in Giella vs. Cassman Brown Ltd [1973] EA for an interlocutory injunction to issue.
2. Whether the proper procedure was followed in placing the restriction on the parcel of land as provided by section 76 of the Land Registration Act 2012.

Reasoning

The court held that for an interlocutory injunction to issue, the court must be satisfied that the applicant has a prima facie case with a probability of success, that unless the order sought is granted the applicant might otherwise suffer irreparable injury which would not adequately be compensated by an award of damages, and if in doubt, the court to decide the application on the balance of convenience. The court found that the restriction was not justifiable and that the injunction already issued by the court will secure the interests of all the parties to the suit.

Outcome

The application is allowed in terms of prayer 3. Costs are in the cause.

Authorities cited