Nthumbi Muchungu & 12 others v Herbert Nthiiri & 16 others [2019] KEELC 3351 (KLR)

Summary at a glance

Facts

The Plaintiffs sought an injunction and order to inhibit the Defendants from dealing with various sub-divisions of parcel 172 pending an intended appeal to the Court of Appeal. The Plaintiffs were the successful parties in a previous judgment against parcel 172.

Issues

• Preservation of subject matter of litigation
• Scope of injunction

Reasoning

The court considers the Plaintiffs' application on merit, noting the Plaintiffs' apprehension that the Defendants may dispose of the sub-divisions before the appeal is heard. The court finds it necessary to preserve the subject matter of litigation, but declines to make orders affecting current registered proprietors who are not parties to the suit.

Outcome

The court makes an order of inhibition against 12 sub-divisions of parcel 172 and declines the prayer for an interim injunction.

Orders

• Order of inhibition against 12 sub-divisions of parcel 172
• Decline of prayer for interim injunction

Remedies

• Costs of the application to the Plaintiffs

Authorities cited