EUNICE LAMBA v NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEES & FLORENCE MAINA [2007] KEHC 233 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)

Civil Case 78of 2007

EUNICE LAMBA………………………………………....………………….………PLAINTIFF

VERSUS

NATIONAL SOCIAL SECURITY FUND

BOARD OF TRUSTEES……………………..…………………………….1ST DEFENDANT

FLORENCEMAINA………………..………………………………………2ND DEFENDANT

RULING

1.    Background of Application of  25 January 2007

By Plaintiff/Applicant for an Injunction:

1.     The Plaintiff herein  Eunice Lamba alleges that she was allocated the suit premises being Kitusuru 101/E49 by the 1st Defendant herein National Social Security Fund Board of Trustees.

2.     She was therefore perturbed when she found Florence Maina on the suit land having taken possession of the same.

3.     The Plaintiff filed this suit on land for the possession of the said property.  She also filed an application for an injunction.  The defendant filed an application of  January 2007 also for an injunction.

II. Application of  25 January, 2007

3.         The Plaintiffs/Applicant case is that she was allocated the suit land.  She was

therefore the rightful owner herein.

4.         The Defendant No. 1

The Defendant No.2 filed her own application for an injunction this court ruled that accordingly to procedure the court should always hear the application of cases in the order they had been filed. The earlier order herein  was that the plaintiff application is heard first.

6.    The question arises herein is who is the rightful owner of the suit premises.  It is indeed very clear that the 1st defendant gave a double allocation.  This is a cautious issue to be determined between the parties, namely who then now is the rightful owner.

7.    The 2nd Defendant has begun constructing.  She does so at her own peril. In the case law Mawaji v USIU 19 KLR the court held that once a court suit has been filed Section 52 of the transfer of property that does not permit any transaction of the suit premises and or transfer.

I:     Findings

8.    I hereby hold that there is prima facie case herein that an injunction do hereby issue against the 1st and 2nd Defendant from evicting building, alienating or wasting and/or interfering with the plaintiff title and/or interest on the land L.R. Kitisuru101/E49 until the determination of this suit.

9.    I award costs to the Plaintiff.

Dated  this 24th day of May, 2007 at Nairobi.

M.A. Ang’awa

JUDGE

24. 5.2007

Advocates:

Migos Ogamba  & Co. Advocates for the plaintiff/applicant - present

Kajwang & Kanjwang & Co. Advocates for the 1st defendant-present

Waruhiu Gathuru  & Co. Advocates for the 2nd defendant- present