ASENATH KARABAI MBURUGU & 6 OTHERS V M’MBURUGU KANAKE (Civil Case 1 of 2012) [2012] KEHC 2170 (KLR) (27 September 2012) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2170
- Citation
- [2012] KEHC 2170 (KLR)
- Decided
- 27 September 2012
The court granted the applicants' application for interim orders of mandatory injunction and orders of inhibition.
Facts
The 1st applicant and the respondent are estranged. The 1st applicant and her co-wife lived in a camp due to a state of emergency. They were given land parcels Abogeta/U-Kithangari/665 and Abogeta/U-Kithangari/24, which were registered in the name of M'Iringo M'Imanyara, a cousin of the respondent. The 1st applicant established her home on Abogeta/U-Kithangari/665 and the land was later subdivided into Abogeta/U-Kithangari/1528 and Abogeta/U-Kithangari/1529. The respondent's children returned and demanded to cut down trees and build a house, leading to conflict and the 1st applicant being forced to leave her home.
Issues
- Whether the applicants have met the test for granting mandatory injunction and orders of inhibition.
- Ownership and control of the disputed land parcels.
Reasoning
The court found that the applicants had established a long-term presence and occupation of the disputed land parcels, and that the respondent's actions had caused significant harm to the applicants' rights and occupation of the land.
Outcome
The court granted the applicants' application.
Orders
- Interim order for mandatory injunction ordering the respondent to reinstate the 1st applicant in her matrimonial home and in her portion of land.
- Interim order of mandatory injunction ordering the respondent to reinstate 3rd and 7th applicants on land parcel No.Abogeta/U-Kithangari/1529 and Abogeta/U-Kithangari/21.
- Order of inhibition restraining any dealings whatsoever with land parcels No.Abogeta/U-Kithangari/1529 and Abogeta/U-Kithangari/214 until the suit is heard and determined.
- Interim order of mandatory injunction compelling the respondent to allow the 2nd, 4th, 5th and 6th applicants to come home.
Remedies
- Reinstatement of the 1st applicant in her matrimonial home and land.
- Reinstatement of 3rd and 7th applicants on land parcel No.Abogeta/U-Kithangari/1529 and Abogeta/U-Kithangari/21.
- Restriction on dealings with land parcels No.Abogeta/U-Kithangari/1529 and Abogeta/U-Kithangari/214.
- Allowance of the 2nd, 4th, 5th and 6th applicants to come home.
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