Regina Mumbua Muthama v John Muthama Katolo & 2 others [2018] KEELC 1359 (KLR)
- Court
- Environment & Land Court
- Case number
- 1359
- Citation
- [2018] KEELC 1359 (KLR)
- Decided
- 12 October 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTemporary InjunctionPostureApplication for Temporary InjunctionCoramO.A. ANGOTE
Holding
The Plaintiff has established a prima facie case and the Application is allowed.
Facts
The Plaintiff is seeking a temporary injunction to restrain the 3rd Defendant from selling, disposing, or interfering with the suit land (Iveti/Kiandani/3427) registered in the name of the 1st Defendant. The Plaintiff claims she has an equal share in the land and her consent was required for any dealing affecting the title to the land.
Issues
- Whether the Plaintiff gave spousal consent to the charging of the suit land.
- Whether the statutory notices were properly served on the Plaintiff as a spouse and Director of the 2nd Defendant.
Reasoning
The Plaintiff signed the spousal consent to the charging of the suit land on November 28, 2015. The Plaintiff was served with statutory notices in her capacity as a spouse and Director of the 2nd Defendant, and the requirement of Section 96(2)(c) of the Land Act was not complied with.
Outcome
The Application is allowed.
Orders
- An order of temporary injunction restraining the 3rd Defendant from advertising for sale, selling, taking possession of, alienating, disposing either by private treaty or public auction or in any other manner interfering with the title to and land parcel no. Iveti/Kiandani/3427 pending the hearing and determination of the suit herein.
Remedies
- Costs be provided for.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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