James Njiru v Nicasio Njiru M’njeri & 3 others [2017] KEELC 1632 (KLR)
- Court
- Environment & Land Court
- Case number
- 1632
- Citation
- [2017] KEELC 1632 (KLR)
- Decided
- 26 September 2017
The court granted an interlocutory injunction restraining the 2nd, 3rd and 4th Defendants from offering for sale, transferring, alienating Title No. Gaturi/Nembure/13633 or evicting the Plaintiff therefrom pending the hearing and determination of the suit.
Facts
The Plaintiff, James Njiru, claimed that his late mother had bought a portion of 0.30 ha from the original owner of the suit property, which was later subdivided into 8 parcels. The Plaintiff occupied a portion of parcel No. 13633 and partly within parcel No. 13634. The 1st Defendant, Nicasio Njiru M'njeri, denied knowledge of the alleged sale and claimed to have acquired the original Title No. Gaturi/Nembure/1820 from his late grandfather through succession.
Issues
- Whether the Plaintiff has made out a prima facie case for an interlocutory injunction.
- Whether the Plaintiff may suffer irreparable loss and damage if evicted from the land he occupies before the suit is heard and concluded.
Reasoning
The court found that the Plaintiff has made out a prima facie case with a probability of success and that he may suffer irreparable loss and damage if evicted from the land he occupies before the suit is heard and concluded.
Outcome
The Plaintiff's notice of motion dated 2nd March 2017 has merit and the same succeeds in the following terms.
Orders
- An interlocutory injunction is hereby issued restraining the 2nd, 3rd and 4th Defendants from offering for sale, transferring, alienating Title No. Gaturi/Nembure/13633 or from evicting the Plaintiff therefrom pending the hearing and determination of the suit.
- An order of inhibition is hereby issued inhibiting any deals with Title No. Gaturi/Nembure/13633 only pending the hearing and determination of the suit.
- The prayers sought against the 1st Defendant with respect to Title No. Gaturi/Nembure/13634 are hereby declined.
- Costs of the application shall be in the cause.
Remedies
- Interlocutory injunction
Authorities cited
Cases cited (1)
- Giella v. Cassman Brown & Co Ltd ([1973] EA 358)
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