Patrick Mwongera Mugambi (suing in a personal capacity and also as an administrator of the estate of the late Julius Murungi Mugambi (deceased) & 3 others v Jennifer Kairiari & 2 others [2021] KEELC 4319 (KLR)
- Court
- Environment & Land Court
- Case number
- 4319
- Citation
- [2021] KEELC 4319 (KLR)
- Decided
- 17 February 2021
Summary at a glance
TypeInjunctionPostureNotice Motion for Injunction and InhibitionCoramHON. LUCY. N. MBUGUA, ELC JUDGE
The application is allowed, and an order of inhibition is granted until the suit is heard and determined or until further orders are given by the court.
Facts
The plaintiffs are joint administrators of the estate of the late Julius Muringi Mugambi, who was the registered owner of parcel L.R No. Ntima/Igoki/4229 since 1990. The land was later sub-divided and inherited by the plaintiffs. The defendants claim to be in possession of the property subject of the suit.
Issues
- Whether to grant a temporary injunction restraining the defendants from interfering with the physical boundaries of the land
- Whether to grant an order of inhibition to be registered against the land pending the determination of the application and the suit
Reasoning
The court finds that the application is merited and that the greater interest is served by preserving the land while proprietary interests are determined.
Outcome
The application is allowed.
Orders
- Order of temporary injunction restraining the defendants from interfering with the physical boundaries of the land
- Order of inhibition to be registered against the land pending the determination of the application and the suit
⚠ 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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