[2012] KEHC 3966 (KLR)

Parties

Procedural Posture

Originating Summons / Ruling on Interlocutory Injunction

Legal Issues

1. 1 Whether the applicant has established a prima facie case for a temporary injunction restraining the respondent from interfering with the suit property pending determination of the originating summons.
2. 2 Whether the applicant is entitled to protection of his alleged possession of the suit property under the doctrine of adverse possession.

Ratio Decidendi

The court found that the applicant had presented prima facie evidence of long-standing occupation and use of the suit property since 1984, supported by documentary evidence such as a receipt and voting card from Maai Mahiu Kijabe Longonot Co Ltd. The respondent's claim of purchase and subsequent possession was contested and could only be fully tested at trial. At the interlocutory stage, the court's role was not to determine the merits but to assess whether the applicant had shown a right requiring protection. The court held that the applicant would suffer substantial loss and prejudice if the injunction was not granted, and that the balance of convenience favored maintaining the status...

Court Disposition

application for temporary injunction allowed

Orders

• A temporary injunction is granted restraining the respondent from entering, ploughing, erecting structures or in any way interfering with the applicant's peaceful and quiet possession of KIJABE/KIJABE BLOCK1/2787 until the originating summons is determined.
• Costs to be in the cause.