Automated Summary
Key Facts
The plaintiff, as administrator of the estate of the late Kipchumba Arap Towett, sought an injunction to prevent the defendants from dealing with land parcel Naivasha/Oljorai PH 11/875. The first defendant claimed ownership via a 2011 sale agreement, repaid the SFT loan, and transferred the title. The plaintiff disputes the sale, alleging it occurred under duress due to the deceased's illness. The court previously issued an injunction in March 2020, extended multiple times, and ruled that the plaintiff has a prima facie case. However, the court found damages might suffice but granted the injunction to preserve the land pending the main suit. The second defendant was ordered to maintain the status quo, and a mention date was set for November 2021.
Deceased Name
Kipchumba Arap Towett
Issues
- Whether the defendants acted in contravention of a court order
- Whether the court should grant a temporary injunction restraining the defendants from dealing with the land
Holdings
- The court found that the plaintiff has established a prima facie case but did not demonstrate that she would suffer irreparable harm if the injunction is not granted. However, the balance of convenience favors enjoining the disposal or waste of the suit land to prevent litigation from becoming nugatory if the court rules in favor of the plaintiff.
- The court issued an injunction against the 2nd defendant to restrain disposal of subplots from the subdivided land (Parcel No. Naivasha/Oljorai PH 11/875) pending the suit. The status quo on the land and titles must be maintained, and costs of the application are to be borne by the parties in the cause.
- The court ordered parties to comply with Order 11 of the Civil Procedure Rules, with the plaintiff to act within 14 days and the defendants within 28 days. A mention hearing was set for 18/11/2021 to fix a date for the main suit hearing.
Remedies
- Parties are required to follow Order 11 procedures and attend a virtual mention on 18 November 2021 to schedule the main suit hearing.
- The court directed that the costs of the application be handled as part of the ongoing cause.
- The court ordered the maintenance of the current status of the subplots and their titles during the suit's hearing.
- The court granted an injunction against the 2nd defendant to prevent disposal of subplots from the subdivided Parcel No. Naivasha/Oljorai PH 11/875 during the ongoing litigation.
Probate Status
Letters of Administration issued to plaintiff as estate administrator
Legal Principles
The court applied the legal principle of interim injunction, requiring the plaintiff to establish a prima facie case with a probability of success and considering the balance of convenience to prevent potential irreparable harm. The ruling references established case law on interim injunction standards.
Succession Regime
Dispute over land ownership following the deceased's estate
Precedent Name
- Paul Pkemoi Kide v Philip Kimutai Kibor & 2 others
- Mrao Ltd v First American Bank of Kenya Ltd & 2 others
- Nguruman Limited v Jan Bonde Nielsen & 2 others
Executor Name
Siphora Chebet Towett
Cited Statute
- Civil Procedure Rules 2010
- Civil Procedure Act
Executor Appointment
Administrator of the Estate of Kipchumba Arap Towett
Judge Name
Mwangi Njoroge
Passage Text
- "... a case in which on the material presented to the court a tribunal properly directing itself will conclude that there exists a right which has apparently been infringed by the opposite party as to call for an explanation or rebuttal from the latter... [it] is more than an arguable case. It is not sufficient to raise issues. The evidence must show an infringement of a right, and the probability of success of the applicant's case upon trial. That is clearly a standard which is higher than an arguable case."
- "24. ... I have also considered the balance of convenience and found that it tilts in favour of enjoining the disposal of waste of the suit land since if it is so disposed of or wasted this litigation may be rendered nugatory in the event the court finds for the plaintiff."
- "13. ... the subplots all arose from the subdivision of the whole parcel claimed by the plaintiff and no question of which part of the land is claimed arises, and now that the current registered owner is enjoined in the suit the issuance of an injunction order can be considered with propriety."
Beneficiary Classes
Spouse / Civil Partner