Milcah Nangami v Julius Khaoya Wanyonyi, Azinga Angella Mangwana & another [2020] eKLR Case Summary

Court
Environment and Land Court at Bungoma
Category
Civil
Judge(s)
Hon. Justice Boaz N. Olao
Judgment Date
October 08, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Milcah Nangami v Julius Khaoya Wanyonyi & Azinga Angella Mangwana [2020] eKLR, detailing key findings and legal principles.

Case Brief: Milcah Nangami v Julius Khaoya Wanyonyi, Azinga Angella Mangwana & another [2020] eKLR

1. Case Information
- Name of the Case: Milcah Nangami v. Julius Khaoya Wanyonyi, Azinga Angella Mangwana, Dickson Macrae Litali
- Case Number: ELC Case No. 12 of 2019
- Court: Environment and Land Court at Bungoma
- Date Delivered: 8th October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Boaz N. Olao
- Country: Kenya

2. Questions Presented
The court must resolve the following legal issues:
1. Whether the sale agreements dated 9th April 2018 and 18th June 2018 for portions of the suit land are null and void due to lack of consent from the plaintiff.
2. Whether the plaintiff is entitled to an injunction preventing the defendants from interfering with the suit land pending the resolution of the case.

3. Facts of the Case
The plaintiff, Milcah Nangami, is married to the 1st defendant, Julius Khaoya Wanyonyi, since 1960. The suit land, parcel NO BUNGOMA/NDALU/28, has been registered in the 1st defendant's name since 24th November 1986. The 1st defendant sold portions of this land to the 2nd defendant, Azinga Angella Mangwana, and the 3rd defendant, Dickson Macrae Litali, without the plaintiff's consent or knowledge. The plaintiff claims that the land is matrimonial property where they have established their home and raised their 10 children. Consequently, she filed a suit on 6th May 2019 seeking to nullify the sale agreements and to restrain the defendants from interfering with the land.

4. Procedural History
The plaintiff's initial application was met with defenses from the 2nd and 3rd defendants. The 2nd defendant denied the plaintiff's claims and asserted that the sale was conducted with the plaintiff’s consent. The 3rd defendant filed a counterclaim seeking a permanent injunction against the plaintiff and a declaration of legal ownership of the land he purchased. The plaintiff subsequently filed a Notice of Motion on 23rd July 2020 seeking an injunction against the defendants. The court addressed jurisdiction issues raised by the 2nd defendant and considered the merits of the plaintiff's application.

5. Analysis
Rules
The court referenced the Matrimonial Property Act No. 49 of 2013, which defines matrimonial property and requires the consent of both spouses for its alienation. It also cited the principles for granting interlocutory injunctions established in *Giella v. Cassman Brown & Co Ltd* (1973) E.A 358, which include the necessity of establishing a prima facie case, the risk of irreparable injury, and the balance of convenience.

Case Law
The court cited *Owners of Motor Vehicle “Lillian S” v. Caltex Oil Kenya Ltd* (1989) K.L.R 1 regarding jurisdiction and the necessity of determining jurisdiction before proceeding with a case. It also referenced *Willy Kimutai Kitilit v. Michael Kibe* (2018) eKLR, which discusses the applicability of doctrines of trust and proprietary estoppel in cases lacking Land Control Board consent.

Application
The court found that the plaintiff did not establish a prima facie case, noting that the 2nd defendant's claims regarding the plaintiff's prior knowledge and consent to the sale were unrefuted. The court pointed out that the plaintiff took an unreasonable amount of time to file her suit, which undermined her credibility. Additionally, the court stated that the lack of Land Control Board consent rendered the sale agreements void, but doctrines of trust might still protect the purchasers. Ultimately, the court concluded that the plaintiff failed to demonstrate irreparable harm or establish a balance of convenience in her favor.

6. Conclusion
The court dismissed the plaintiff's Notice of Motion dated 23rd July 2020, ruling that she failed to establish a prima facie case. The court found that the defendants had occupied their respective portions of the land for two years, and granting the injunction would unjustly evict them. The ruling emphasized that the court's jurisdiction was not limited by the value of the property in dispute.

7. Dissent
There were no dissenting opinions in this case.

8. Summary
The Environment and Land Court ruled against Milcah Nangami's application for an injunction to prevent the sale of portions of matrimonial land, affirming the validity of the transactions made by her husband, Julius Khaoya Wanyonyi, without her consent. The case highlights the complexities of matrimonial property rights in Kenya and the importance of consent in property transactions. The ruling underscores the court's jurisdiction in land matters and the principles governing interlocutory injunctions.

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