Erick K. Maritim & 6 others v Esther Chepkemoi Birir [2020] KEELC 3329 (KLR)

Facts

The Plaintiffs filed a suit against the Defendant for a temporary injunction to restrain her from selling, subdividing, transferring, mortgaging, and doing anything against a specific land parcel. The Plaintiffs also sought orders for the Land Registrar to ensure compliance with the injunction.

Issues

1. Whether the Plaintiffs/Applicants suit should be struck out for failing to comply with the provisions of section 38 of the land Act, 2012
2. Whether the Plaintiffs have met the threshold for the grant of a temporary injunction
3. Who bears the costs of this application.

Reasoning

The court determined that the Plaintiffs did not sign any land sale contract with the Defendant, and thus, the suit cannot be entertained as it does not comply with the requirements of section 38 of the Land Act, 2012.

Outcome

The Plaintiffs' application for a temporary injunction and preliminary objection was dismissed.

Authorities cited