[2017] KEELC 1666 (KLR)
The court found that the plaintiff is the registered owner of the suit land, as evidenced by the title deed annexed to the application. The defendant did not file any response to challenge the plaintiff's ownership or contest the allegations of trespass. The court held that the plaintiff had established a prima...
Source-derived case information.
- Citation
- [2017] KEELC 1666 (KLR)
- Parties
- Plaintiff: David Kabulu Thanyaku; Defendant: Joseph Ncubiri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 89 of 2017
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Injunction
- Outcome
- Application allowed as drawn.
- Legal Topics
- Injunctive Relief, Ownership Disputes, Trespass, Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kabulu Thanyaku
Plaintiff
Joseph Ncubiri
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendant from interfering with land parcel No. TIGANIA/KITHARENE/2622.
- 2 Whether the plaintiff has established a prima facie case with a probability of success.
- 3 Whether the defendant's actions amount to trespass and illegal retention of the suit land.
Ratio Decidendi
The court found that the plaintiff is the registered owner of the suit land, as evidenced by the title deed annexed to the application. The defendant did not file any response to challenge the plaintiff's ownership or contest the allegations of trespass. The court held that the plaintiff had established a prima facie case for the grant of an interlocutory injunction, as his proprietary rights were being interfered with by the defendant's continued occupation and activities on the land. The absence of any rebuttal or contrary evidence from the defendant further strengthened the plaintiff's case. Consequently, the court allowed the application as drawn, granting the orders sought to...
Court Disposition
Application allowed as drawn.
Orders
- A temporary injunction is issued restraining the defendant, his agents, servants, or employees from entering, cultivating, utilizing, occupying, trespassing, or otherwise interfering with the plaintiff's ownership, possession, occupation, and use of land parcel No. TIGANIA/KITHARENE/2622 pending the hearing and...
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 89 OF 2017
DAVID KABULU THANYAKU…………….…………PLAINTIFF
VERSUS
JOSEPH NCUBIRI………………………………...DEFENDANT
R U L I N G
1. The application filed on 13th March, 2017 seeks the following orders:-
1) Spent.
2) That this Honourable Court be pleased to issue a temporarily order of injunction restraining the defendant/respondent, his agents, servants and/or employees, or whomsoever else, acting on the defendants /respondent’s behalf or instructions from entering into, cultivating, utilizing, occupying trespassing or in any other manner whatsoever dealing with and or interfering with plaintiff/applicants ownership possession, occupation and use of land parcel No. TIGANIA/KITHARENE/2622 pending the inter-parties hearing and determination of this application and thereafter as the Court shall so order.
3) That this Honourable Court be pleased to issue as order of injunction restraining the defendant/respondent his agents, servants and/or employees or whomsoever else acting on the defendant/respondent behalf or instruction from entering into, cultivating, utilizing, occupying, trespassing or in any other manner whatsoever dealing with and/or interfering with the plaintiff/applicant’s ownership, possession occupation and use of land parcel No. TIGANIA/KITHARENE/2622 pending the hearing and determination of this suit.
4) That the costs of this application be costs in the cause.
2. The application is based on the grounds:-
a) That the Plaintiff/applicant is the bonafide and duly registered owner of that land parcel known or described as L.R NO. TIGANIA/KITHARENE/2622 and he is in possession of a title deed thereto.
b) That the Defendant/Respondent is in illegal retention and trespass upon the said land parcel and has prevented the plaintiff/Applicant from entering actual occupation and use of the said land parcel.
c) That actions and activities of the Defendant/Respondent on the said land parcel are illegal and interfere and he ought to be restrained by way of an injunction.
3. There is a Supporting Affidavit of the applicant where he has more or less retaliated what is in his pleadings. Defendant was served but filed no response.
I find that annexture DKT “1”, a title deed indicates that Plaintiff is the registered owner of the Suitland. The application is therefore merited, and the same is allowed as drawn.
DELIVERED, SIGNED AND DATED IN OPEN COURT AT MERU THIS 4TH DAY OF OCTOBER, 2017 IN THE PRESENCE OF:
CA: Janet
Kaimenyi for applicant present
Defendant absent
Hon. L.N. MBUGUA
ELC JUDGE