[2014] KEHC 1740 (KLR)
The court found that the Plaintiff had proved, on a balance of probabilities, that he is the registered proprietor of plot number 12183, Malindi, and that the Defendant, through its agents, trespassed on the property by dumping garbage and constructing a dumping site. The Defendant failed to enter appearance or file...
Source-derived case information.
- Citation
- [2014] KEHC 1740 (KLR)
- Parties
- Plaintiff: Alexander M'Miringam'Mauta; Defendant: County Government of Kilifi
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Case 102 of 2014
- Procedural Posture
- Civil Case / Judgment After Formal Proof
- Outcome
- Plaintiff's suit allowed. Permanent injunction granted. Defendant ordered to clean up garbage and pay costs.
- Judges
- OA Angote
- Legal Topics
- Trespass to Land, Injunctions, Quiet Enjoyment, Municipal Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander M'Miringam'Mauta
Plaintiff
County Government of Kilifi
Defendant
Procedural Posture
Civil Case / Judgment After Formal Proof
Legal Issues
- 1 Whether the Defendant trespassed on the Plaintiff's registered property by dumping garbage and constructing a dumping site.
- 2 Whether the Plaintiff is entitled to a permanent injunction restraining the Defendant from interfering with the suit property.
- 3 Whether the Defendant should be compelled to clean up the dumped garbage and pay costs.
Ratio Decidendi
The court found that the Plaintiff had proved, on a balance of probabilities, that he is the registered proprietor of plot number 12183, Malindi, and that the Defendant, through its agents, trespassed on the property by dumping garbage and constructing a dumping site. The Defendant failed to enter appearance or file a defence, and the Plaintiff's evidence was uncontroverted. The court held that the Plaintiff is entitled to quiet and peaceful enjoyment of his property and granted a permanent injunction restraining the Defendant from further interference. The court also ordered the Defendant to clean up the garbage and pay the costs of the suit.
Court Disposition
Plaintiff's suit allowed. Permanent injunction granted. Defendant ordered to clean up garbage and pay costs.
Orders
- A permanent injunction is issued restraining the Defendant, its agents, servants, employees and any other person acting on its behalf from dumping garbage, constructing, building a concrete dumping site and/or interfering in any manner with the Plaintiff's plot number 12183 Malindi.
- The Defendant is compelled to collect and/or clean up the garbage already dumped on the Plaintiff's plot number 12183, Malindi.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MALINDI
ELC CIVIL CASE NO. 102 OF 2014
ALEXANDER M'MIRINGAM'MAUTA.......................................PLAINTIFF
=VERSUS=
COUNTY GOVERNMENT OF KILIFI.....................................DEFENDANT
J U D G M E N T
Introduction:
By way of a Plaint dated 23rd June, 2014, the Plaintiff alleged that on or about 4th June, 2014, the Defendant, through its servants, agents or employees, trespassed on plot number 12183, Malindi which is registered in his name.
The Plaintiff is seeking for a permanent injunction to restrain the Defendant or its agents from dumping garbage, constructing, building a concrete dumping site or interfering in any manner with the suit property.
Although the Defendant was served with the Plaint and the Summons to Enter Appearance, it neither entered appearance nor filed a Defence.
The matter proceeded for formal proof on 3rd November 2014.
The Plaintiff's case
The Plaintiff, PW1, informed the court that he is the registered proprietor of plot number 12183, Malindi. The Plaintiff produced in evidence the certificate of title as PEXB 1.
It was the evidence of PW1 that people have been dumping garbage on the suit property, and that the Defendant has encouraged the said dumping to go on.
The Plaintiff produced in evidence photographs showing the Defendant's machinery on the suit property.
The Plaintiff has proved on a balance of probabilities that he is the registered proprietor of the suit property. The Plaintiff is therefore entitled to quiet and peaceful enjoyment of the same.
In the circumstances, I allow the Plaintiff's Plaint and make the following orders:
(a) A permanent injunction be and is hereby issued restraining the Defendant, its agents, servants, employees and or any other person acting on its behalf from dumping garbage, constructing, building a concrete dumping site and/ or interfering in any manner with the Plaintiff's plot number 12183 Malindi.
(b) The Defendant is hereby compelled to collect and/or clean up the garbage already dumped on the Plaintiff's plot number 12183, Malindi.
(c) The Defendant to pay the costs of the suit.
Dated and delivered in Malindi this 21st day of November,2014.
O. A. Angote
Judge