Philemon Morara Apiemi & another v Chief Land Registrar & 2 others [2020] KEELC 2562 (KLR)
- Court
- Environment & Land Court
- Case number
- 2562
- Citation
- [2020] KEELC 2562 (KLR)
- Decided
- 21 May 2020
Summary at a glance
TypeLand Registration DisputePosturePetitioners seek conservatory orders prohibiting Respondents from dealing with the suit landCoramCHRISTINE OCHIENG
Conservatory orders will issue prohibiting Respondents from dealing with the suit land pending the outcome of the Petition.
Facts
Petitioners claim to have a proprietary interest in land parcel Kajiado/Kitengela/8206, which was sold to them by Patrick Kangethe Njuguna. The land is registered in Njuguna's name.
Issues
- Whether conservatory orders should issue prohibiting Respondents from dealing with the suit land pending the outcome of the Petition.
- Whether the Petitioners stand to suffer irreparable loss which cannot be compensated by damages.
Reasoning
The court finds the Petitioners have a prima facie case of proprietary interest and stand to suffer irreparable harm. The balance of convenience favors preserving the substratum of the suit.
Outcome
Allowing the application
Orders
- Conservatory orders prohibiting Respondents from dealing with the suit land pending the outcome of the Petition
Remedies
- Preservation of the substratum of the suit
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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