Bridget Kajuju v Rogers Kithinji & another [2021] KEELC 134 (KLR)
- Court
- Environment & Land Court
- Case number
- 134
- Citation
- [2021] KEELC 134 (KLR)
- Decided
- 20 December 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for Injunction and Inhibition OrdersCoramHON. C.K. NZILI, Mukaburo for 2nd Defendant, Court Assistant - Kananu
Holding
The court grants inhibition orders to stop any dealings or transactions relating to the parcel, and orders the respondents to file a defence within 30 days.
Facts
Bridget Kajuju claims ownership of Parcel No. Abogeta/L Kiungone/1294, which she alleges was transferred to Rogers Kithinji by Francis Mwebia. Kithinji denies the transfer and claims he bought the land in 2020 for Kshs. 1,450,000.
Issues
- Ownership of Parcel No. Abogeta/L Kiungone/1294
- Validity of the transfer from Kajuju to Kithinji
Reasoning
The court finds the plaintiff's claim of ownership lacking evidence and the defendant's claim of lawful purchase supported by documentary evidence.
Outcome
The application is granted.
Orders
- Status quo subsisting at the time of filing this suit
- Inhibition orders to issue stopping any dealings or transactions relating to Parcel No. Abogeta/L Kiungone/1294
- The said orders to remain in force for a period of one year from the date hereon
- The respondents to file a defence to the plaint within 30 days from the date hereof
- Thereafter parties to comply with Order 11 within 45 days from the date hereof
Remedies
- Inhibition orders
Authorities cited
Legislation (2)
- Land Registration Act 2012
- Civil Procedure Rules
Cases cited (1)
- Mrao Ltd. -vs- First American Bank of Kenya Ltd & 2 others [2003] KLR 125
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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