[1998] KEHC 257 (KLR)
The court found that the affidavit of the County Surveyor provided conclusive evidence that there was no physical or documentary encroachment on plot No. 29 or the plots registered in the names of the parties. As a result, the appellant failed to establish any complaint or prima facie case warranting the grant of an...
Source-derived case information.
- Citation
- [1998] KEHC 257 (KLR)
- Parties
- Appellant: Charles Mbugua Njuguna; Respondent: Julias Ngarachu Karanja
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 32 of 1998
- Procedural Posture
- Civil Appeal / Ruling on Interlocutory Injunction
- Outcome
- application for injunction dismissed with costs
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Injunctions, Land Disputes, Trespass, Survey Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Mbugua Njuguna
Appellant
Julias Ngarachu Karanja
Respondent
Procedural Posture
Civil Appeal / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the appellant is entitled to an injunction restraining the respondent from entering, trespassing, constructing or interfering with plot No. 29/Gatura/Thika.
- 2 Whether there is evidence of encroachment or interference with the subject property.
Ratio Decidendi
The court found that the affidavit of the County Surveyor provided conclusive evidence that there was no physical or documentary encroachment on plot No. 29 or the plots registered in the names of the parties. As a result, the appellant failed to establish any complaint or prima facie case warranting the grant of an injunction. The application for an injunction was therefore dismissed for lack of merit.
Court Disposition
application for injunction dismissed with costs
Orders
- The application for injunction is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT NAIROBI
CIV APP 32 OF 98
CHARLES MBUGUA NJUGUNA........................................APPELLANT
VERSUS
JULIAS NGARACHU KARANJA...........................................................................RESPONDENT
R U L I N G
The appellant has applied for an injunction to restrain the respondent from entering, trespassing, constructing of interfering with plot No. 29/Gatura/Thika.
There is a pending appeal arising from the decision of the lower court in Thika.
When this matter came up for hearing on 19th February, 1998 the parties entered into a consent party on which required that an affidavit be obtained for the Surveyor Thika Municipality about the dispute. The said affidavit was subsequently filed by one Kenneth Kamau Ngarihu the County Surveyor incharge of Thika Municipal Council.
Paragraph 10 of the said affidavit shows that the surveyor confirms to the court that no plot has been encroached physically or documentary on either plot No. 29 or those to be registered on the names of the two parties herein.
This conclusive evidence that ...................................... the appellant cannot establish any complaint whatsoever in response to the matters raised in his affidavit. In support of his application for an injunction ,I see no merit in the said application which I hereby dismiss with costs.
Orders accordingly.
Dated and delivered at Nairobi this 31st day of July, 1998
A. MBOGHOLI MSAGHA
JUDGE