Automated Summary
Key Facts
The plaintiff, Joseph Martin Nyangau, entered into a Sale Agreement with the 2nd Defendant (Railways Housing Co-operative Society Ltd) in 2004 for a subdivision of L.R. No. 7340/90, paying over Kshs. 500,000. The 1st Defendant (Ndatani Enterprises Co. Ltd) had a prior agency agreement with the 2nd Defendant to subdivide and sell the property. A 2009 court case (Machakos HCCC No. 224) issued injunctive orders against the 1st Defendant, but these were resolved via a 2017 consent decree. The 1st Defendant later sold the disputed plot (Mavoko Town Block 52/187) to the 3rd Defendant in 2018. The plaintiff claimed this violated the 2009 orders, but the court found the 2nd Defendant never held a valid title and the 2017 decree already sanctioned the property's transfer. The plaintiff's application for an injunction was dismissed as he failed to establish a prima facie case of ownership.
Issues
- The court evaluated if the plaintiff's request for injunctive orders conflicted with the 2017 Machakos HCCC No. 224 decree, which sanctioned the transfer of the land to the 3rd Defendant and mandated the plaintiff's relocation to alternative plots, and whether the plaintiff should have challenged the decree rather than seeking new relief.
- The court examined the legality of the 2018 transfer of Mavoko Town Block 52/187 to the 3rd Defendant, including whether the 1st Defendant's actions aligned with the 2017 decree and if the 3rd Defendant's title was valid, despite the plaintiff's claims of trespass and constitutional rights violations.
- The court considered whether the plaintiff demonstrated a prima facie case of ownership for L.R. No. 7340/90/5, including payment of Kshs. 500,000 and reliance on a Sale Agreement, versus the defendants' argument that the 2nd Defendant lacked valid title and the prior Machakos HCCC No. 224 of 2009 decree had already resolved ownership disputes.
Holdings
The court found that the Plaintiff has not established a prima facie case with chances of success. The Plaintiff's Application dated 13th May, 2019 is dismissed with costs. The court determined that the transfer of the suit property was sanctioned by the Decree in Machakos HCCC No. 224 of 2009, and the Plaintiff's only recourse is to have that Decree set aside.
Remedies
The Plaintiff's application for injunctive orders and eviction orders was dismissed with costs by the court on 29th January 2021.
Legal Principles
The court applied the principles governing the grant of interim injunctions, requiring the plaintiff to demonstrate a prima facie case with a probability of success, a risk of irreparable harm without injunctive relief, and a balance of convenience favoring the applicant. The ruling emphasized that these three conditions must be met sequentially and without sufficient evidence of these elements, the injunction application would fail.
Precedent Name
- Mrao vs. First American Bank of Kenya Ltd & 2 Others
- Nguruman Limited vs. Jan Bonde Nielsen & 2 Others
- Fellowes and Son vs. Fisher
- Giella vs. Cassman Brown & Co. Ltd
Cited Statute
Land Act
Judge Name
O.A. Angote
Passage Text
- The Plaintiff annexed on his Affidavit several receipts that were issued to him by the 2nd Defendant in the year 2004 and 2006. The said receipts show that the Plaintiff paid to the 2nd Defendant an amount in excess of Kshs. 500,000 for several sub-divisions of L.R. No. 7340/90.
- "That Ndatani enterprises company limited received a total of Kshs. 13,727,253 from Railways Housing Cooperative Society Limited on account of L.R. No. 7340/90 Embakasi which is equivalent to 187 plots inclusive of Kshs. 380,000...That Ndatani Enterprise Company Limited and Railways Housing Cooperative Society will jointly undertake to relocate the 23 buyers..."
- The Plaintiff's Application dated 13th May, 2019 is dismissed with costs.