Sarphine ole Nteka v Lendeki ole Sokoyion [2019] KEELC 981 (KLR)
- Court
- Environment & Land Court
- Case number
- 981
- Citation
- [2019] KEELC 981 (KLR)
The court denies the Plaintiff's request for an interlocutory injunction but directs the Land Registrar to register an inhibition order against the disputed land parcels pending the hearing and determination of the suit.
Facts
The Plaintiff, Sarphine ole Nteka, claims a share of land in dispute, Kajiado/ Olchoro Onyore/ 282, which was allegedly unfairly allocated to his brother, the Defendant, Lendeki ole Sokoyion, in 1982. The Plaintiff alleges that the Defendant concealed information about the land's actual size and that he was not aware of the extra acreage until recently.
Issues
- Whether the Plaintiff is entitled to an interlocutory injunction against the Defendant regarding the disputed land parcels.
- Whether the Defendant acquired the land in trust for the Plaintiff.
Reasoning
The court finds that the Plaintiff's claim is based on the Defendant's alleged unfair allocation of land, but cannot determine the issue of trust without further evidence. The court also declines to grant an order for a comprehensive report.
Outcome
The Plaintiff's request for an interlocutory injunction is denied.
Orders
- An inhibition order against the disputed land parcels pending the hearing and determination of the suit.
- The prevailing status quo is maintained pending the outcome of the suit.
Remedies
- Preservation of the substratum of the suit.
- Maintenance of the prevailing status quo.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Giella Vs. Cassman Brown & Co. Ltd (1973) EA 358
- Mrao Ltd Vs First American Bank of Kenya Limited (2003) KLR 125
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