Elijah Githinji Gachoki & 2 others v Stanley Mugo Muriuki & another [2017] KEELC 1477 (KLR)
- Court
- Environment & Land Court
- Case number
- 1477
- Citation
- [2017] KEELC 1477 (KLR)
- Decided
- 29 September 2017
An order of temporary injunction is issued against the defendants restraining them from selling, transferring, disposing, charging or in any other way interfering with the plaintiffs' use, possession and enjoyment of the land parcel No. MWERUA/GITAKU/154 pending the hearing and determination of this suit.
Facts
Land parcel No. MWERUA/GITAKU/154 was registered in the names of the plaintiffs' deceased brother MURIUKI GACHOKI to hold in trust on behalf of the family. The 1st defendant secretly sold a portion of the land to the 2nd defendant.
Issues
- Whether the plaintiffs are entitled to a temporary injunction against the defendants.
- Whether the plaintiffs' suit is res-judicata due to a previous ruling in KERUGOYA HIGH COURT SUCCESSION CAUSE No. 90 of 2013.
Reasoning
The plaintiffs' case is that the land was registered in the names of their deceased brother to hold in trust on behalf of the family. The 1st defendant secretly sold a portion of the land to the 2nd defendant. The Court considers the plaintiffs' case and the 1st defendant's grounds of opposition, ruling that the plaintiffs are entitled to a temporary injunction.
Outcome
The plaintiffs' application for a temporary injunction is granted.
Orders
- An order of temporary injunction is issued against the defendants restraining them from selling, transferring, disposing, charging or in any other way interfering with the plaintiffs' use, possession and enjoyment of the land parcel No. MWERUA/GITAKU/154 pending the hearing and determination of this suit.
- The 2nd defendant's application seeking the striking out of the suit against him is dismissed.
- The parties shall comply with the pre-trial directions so that this suit is heard and determined within the next twelve (12) months.
- Each party to meet their own costs.
Remedies
- Temporary injunction
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