REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 324 of 2006
1. Land and Environmental Law Division
2, Subject of main suit: Land
i) Originating Summons seeking declaration that plaintiff/applicant is a purchaser for
consideration of suit land and is the absolute owner
ii) Injunction against defendant restraining them from interfering with his peaceful
occupation
3. Application for injunction dated 30.3.06
i) To restrain the defendants from interfering with the plaintiff/applicants peaceful
occupation
ii) There be a stay of proceeding in Meru RM’s C 35/01 and Land Tribunal Case No.
MWI/15/2000
4. Defendants including the Attorney General absent for inter–parties hearing. Proceeding
continued under order 9b r 3 (a) Civil Procedure Rules
5. Arguments by applicant
a) That he is the legal proprietor
b) Seeks injunction pending hearing of originating summons
6. Held6.1 Non disclosure of fact
6.2. That the application be and is hereby dismissed
6.3. The plaintiff to provide lists of all pending suits in Kenya touching on land or otherwise
in question
7. Case law – Nil
8. Advocates
A.N. Ndungu for Njugi B.G. & Co. Advocates for the plaintiff
Abishagi Rufus – the defendant/respondent 1st respondent in person
Llyod Mugendi Muketha 2nd respondent in person
Mwimbi Land Dispute Tribunal 3rd respondent Attorney General
FRANCIS IRERI JOTHAM ………………...…………..PLAINTIFF
VERSUS
ABISHAGI RUFUS
LLOYD MUGENDI MUKETHA
MWIMBI LAND DISPUTES TRIBUNAL…………DEFENDANTS
RULING
1: BACKGROUND
1: This is a land matter. Francis Ireri Jothan the plaintiff herein filed this originating
summons on the 30.3.06 seeking orders to declare:-
1. ‘That he is the absolute owner of land parcel Magutuni/555 (0.60 ha) issued to him on
22.2.00.
2. _________
3. An injunction to restrain
Abishagi Rufus,
LLyod Mugendi Muketha
and Mwimbi Land Dispute tribunal from interfering with his peaceful occupation of the suit
land
4. That this court orders a stay of proceeding in the Meru RMs Court case No. 35/01 and
Mwimbi Land Dispute tribunal No.15/00.
2. On the same day of 30.3.06, the said plaintiff filed an application under a certificate
of urgency seeking injunction on orders against the defendants whom he claimed were
interfering with his peaceful occupation. He also wished to have a stay of proceeding of the
court case.
3. The defendants filed no reply to the affidavit but they were served with the
application. The 1st and 2nd defendant entered appearance in persons whilst the 2nd and 3rd
respondent/defendants entered appearance through the Attorney General.
4. From the pleading before me, it appears that this has been along protracted suit.
There is a larger family of the defendant whereby they appear to have transferred land to the
2nd adult grand children of the family. One of the adults grand children sold the land to the
plaintiff. The family had all along stated that the land had been held in trust for them by the
said grand children. The right to therefore sell the land was not therefore available to them.
5. I also noted that there has been no disclosure by the plaintiff/applicant on the number
of the suit pending the suit land. Though the plaintiff mention Meru Rmc 35/01 and case
MW11/15/00 there are cases in Meru, Nyeri, Embu and possibly Thika. There are proceeding
before the Land Dispute Tribunal
6. The question arises as to whether this court should issue an injunction against the
defendant?
II Findings
7. In the circumstances of this application and on non-disclosure of material fact I am
not inclined to issue an injunction against the defendants. The plaintiff requires to make a list
of all cases and or dispute existing in other courts in Kenya related to the suit land whether
sub-divided or otherwise. That parties concerned to be indicated in order that they be notified
of this suit and if they so wish be enjoined.
8. I hereby dismiss this application for an injunction. The above should be supplied at
the directions on application under order 36 r 8(a) Civil Procedure Rules of the main suit by a
further affidavit.
9. The costs will be in the cause.
Dated this 14th day of March 2007 at Nairobi.
M.A. ANG’AWA
JUDGE
A.N. Ndungu for Njugi B.G. & Co. Advocates for the plaintiff
Abishagi Rufus – the defendant/respondent 1st respondent in person
Llyod Mugendi Muketha 2nd respondent in person
Mwimbi Land Dispute Tribunal 3rd respondent Attorney General
