Elly Jepkoech Limo v Susan Wangoi Kibe & another [2020] KEELC 827 (KLR)
- Court
- Environment & Land Court
- Case number
- 827
- Citation
- [2020] KEELC 827 (KLR)
- Decided
- 15 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand RegistrationPostureApplication for Inhibition and Status QuoCoramDR. M. A. ODENY
Holding
The application is allowed as prayed with costs to the applicant.
Facts
The plaintiff bought the suit land but the 1st defendant sold it to the 2nd defendant without her knowledge. The 2nd defendant is now constructing on the land.
Issues
- Whether the plaintiff is entitled to an order of inhibition to preserve the status of the suit land.
- Whether the court should maintain the status quo to preserve the property.
Reasoning
The court granted the application for an inhibition to prevent further dealings with the suit land until the case is heard and determined. The court found it in the interest of justice to preserve the status quo to safeguard the plaintiff's interest.
Outcome
Allowed
Orders
- Order of inhibition to stop further dealings, registration, and transactions over the suit land.
- Order of status quo preserving the suit property pending the hearing of the application and main suit.
Remedies
- Costs to the applicant.
Authorities cited
Legislation (2)
- Land Registration Act of 2012
- Practice Direction No. 28(k)
Cases cited (2)
- Joel Mugambi Mukira & 2 others v County Government of Nyeri
- Joel Kipkurui Arap Koech v Alice Wambui Magandu
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.
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