[2019] KEELC 1320 (KLR)

[2019] KEELC 1320 (KLR)

The court found that the Applicant's occupation of the suit land was open, continuous, exclusive, and uninterrupted since 2004, and that these facts were not controverted by the Respondent, who failed to file any response. The Applicant established a prima facie case for the grant of an injunction, as the prevailing...

Source-derived case information.

Citation
[2019] KEELC 1320 (KLR)
Parties
Applicant: David Kahuria Karimi; Respondent: Taipan Property Management Ltd
Court
Environment and Land Court
Court Station
Environment and Land Court at Machakos
Jurisdiction
Kenya
Case Number
Environment & Land Case 23 of 2019
Procedural Posture
Notice of Motion / Interlocutory Application for Injunction Pending Suit
Outcome
application allowed
Judges
OA Angote
Legal Topics
Adverse Possession, Injunctive Relief, Status Quo Orders
Source Language
en
Land and Property Adverse Possession Injunctive Relief Status Quo Orders

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Summary, issues, holding and outcome

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Parties

David Kahuria Karimi

Applicant

Taipan Property Management Ltd

Respondent

Procedural Posture

Notice of Motion / Interlocutory Application for Injunction Pending Suit

Legal Issues

  1. 1 Whether the Applicant has established a prima facie case for grant of a permanent injunction pending the hearing and determination of the suit.
  2. 2 Whether the Applicant is entitled to protection of possession under the doctrine of adverse possession.

Ratio Decidendi

The court found that the Applicant's occupation of the suit land was open, continuous, exclusive, and uninterrupted since 2004, and that these facts were not controverted by the Respondent, who failed to file any response. The Applicant established a prima facie case for the grant of an injunction, as the prevailing status quo should be maintained to prevent possible eviction or interference pending the hearing and determination of the suit. The court relied on the settled principles of adverse possession and the requirements for granting interlocutory injunctions, concluding that the Applicant was entitled to the orders sought.

Court Disposition

application allowed

Orders

  • A permanent order of injunction is issued restraining the Respondent from interfering with the Applicant’s possession and occupation of L.R. No. 337/850 (I.R. Number 71895) pending the hearing and determination of the suit.
  • The OCS Athi River Police Station is authorized to supervise the execution of this order.