Emily Jerubet v Barnaba Kibwambok Kogo & another [2020] eKLR Case Summary

Court
Environment and Land Court at Eldoret
Category
Civil
Judge(s)
M. A. Odeny
Judgment Date
June 30, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Emily Jerubet v Barnaba Kibwambok Kogo & another [2020] eKLR. Delve into key findings, legal implications, and relevant analysis in this significant judgment.

Case summary: Emily Jerubet v Barnaba Kibwambok Kogo & another [2020] eKLR

1. Case Information:
- Name of the Case: Emily Jerubet v. Barnaba Kibwambok Kogo & Jeremiah Kibiwot Kogo
- Case Number: ELC.NO.13 OF 2020
- Court: Environment and Land Court, Eldoret
- Date Delivered: June 30, 2020
- Category of Law: Civil
- Judge(s): M. A. Odeny
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court include:
1. Whether the plaintiff has established a prima facie case with a probability of success for an injunction against the defendants.
2. Whether the plaintiff is likely to suffer irreparable harm if the injunction is not granted.
3. Where the balance of convenience lies regarding the issuance of the injunction.

3. Facts of the Case:
The plaintiff, Emily Jerubet, claims to be the legal registered owner of two parcels of land, L.R. No. Nandi/Kipkaren Salient/787 and 788. She asserts that these parcels were allocated to her and two other beneficiaries, including the first defendant, Barnaba Kibwambok Kogo, by her late grandmother, Rema Tapkigen Ng'etich. The plaintiff alleges that the first defendant undertook a survey of the land without her knowledge, leading to discrepancies in the boundaries. She has lived on L.R. No. Nandi/Kipkaren Salient/788 and contends that the defendants have threatened to evict her and dispose of the land, causing her significant concern.

4. Procedural History:
The plaintiff filed an application on February 28, 2020, seeking an injunction to prevent the defendants from interfering with the suit land pending the determination of the case. The court granted interim orders to preserve the status of the land during the COVID-19 pandemic. The defendants were served with the application but did not respond or submit any arguments. The court then considered the plaintiff's application based on the supporting affidavit and evidence provided.

5. Analysis:
- Rules: The court referenced the principles established in the Giella v. Cassman Brown case, which outlines the requirements for granting injunctions: the applicant must demonstrate a prima facie case, the likelihood of suffering irreparable harm, and the balance of convenience.

- Case Law: The court noted the significance of the Giella case in determining the criteria for granting injunctions. It also referenced Section 19(1) of the Land Registration Act, which empowers the Land Registrar to resolve boundary disputes and ensure proper demarcation of land.

- Application: The court found that the plaintiff had established a prima facie case, supported by her title deeds and evidence of the threats posed by the defendants. The potential for irreparable harm was evident through the demolition of her property, which justified the need for an injunction. The balance of convenience favored the plaintiff, as granting the injunction would not cause undue harm to the defendants.

6. Conclusion:
The court ruled in favor of the plaintiff, granting her the injunction to prevent the defendants from evicting her or interfering with the land until the main suit is resolved. Additionally, the court ordered a resurvey of the disputed parcels of land to ensure proper boundary demarcation, with the report to be submitted within 30 days.

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

8. Summary:
The ruling in Emily Jerubet v. Barnaba Kibwambok Kogo & Jeremiah Kibiwot Kogo reinforces the importance of legal ownership and the protection of property rights in land disputes. The court's decision to grant an injunction and order a resurvey highlights the judiciary's role in resolving conflicts related to land ownership and boundary demarcation, ensuring that the rights of landowners are safeguarded against wrongful interference.

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