Jackson Kariuki Gikando (Suing as the Administrator of the Estate of Njine Mwara) v Fridah Gacheri Kirimi & 2 others [2020] KEELC 3113 (KLR)
- Court
- Environment & Land Court
- Case number
- 3113
- Citation
- [2020] KEELC 3113 (KLR)
- Decided
- 13 March 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunctionPostureApplication for InhibitionCoramE.C. CHERONO
Holding
The application is dismissed with costs.
Facts
The plaintiff is the administrator of the estate of Njine Mwara. The application seeks an order of inhibition to restrain any dealings with land parcel No. NGARIAMA/MERICHI/461.
Issues
- Whether the plaintiff has a prima facie case to seek an inhibition order.
- Whether the court has jurisdiction to entertain the matter.
Reasoning
The court found that the certificate of title in respect of the suit land parcel No. NGARIAMA/MERICHI/461 is non-existent, and the plaintiff/applicant is not registered as the proprietor of any of the resultant titles to the suit land.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Land Registration Act No. 3 of 2012
- Court Procedure Act Cap 21 Laws of Kenya
- Constitution of Kenya 2020
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.
Loading judgment…