[2024] KEELC 13953 (KLR)
The court held that the defendant, whose claim is grounded on adverse possession, cannot lawfully seek interlocutory injunctive orders or orders intended to punish or curtail the plaintiff's use of the property while the plaintiff remains the registered owner. The court further found that the defendant failed to...
Source-derived case information.
- Citation
- [2024] KEELC 13953 (KLR)
- Parties
- Plaintiff: Delta Connections Ltd; Defendant: Alfred Mwaringa Ndeche
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit E016 of 2019
- Procedural Posture
- Civil Suit / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed with costs
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Injunctive Relief, Contempt of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Delta Connections Ltd
Plaintiff
Alfred Mwaringa Ndeche
Defendant
Procedural Posture
Civil Suit / Ruling on Preliminary Objection
Legal Issues
- 1 Whether a defendant claiming adverse possession can lawfully seek injunctive orders or orders punishing the plaintiff, who is the registered owner of the property.
- 2 Whether the plaintiff, as the registered owner in possession, can be restricted from enjoying proprietorship and ownership interests over the suit property.
Ratio Decidendi
The court held that the defendant, whose claim is grounded on adverse possession, cannot lawfully seek interlocutory injunctive orders or orders intended to punish or curtail the plaintiff's use of the property while the plaintiff remains the registered owner. The court further found that the defendant failed to comply with court orders by not filing submissions in support of the preliminary objection. Consequently, the preliminary objection was dismissed with costs for want of compliance with court orders.
Court Disposition
preliminary objection dismissed with costs
Orders
- The preliminary objection dated 20/9/2024 is dismissed with costs to the plaintiff.
Full Case Text
Judgment text and source record
18 paragraphs
Delta Connections Ltd v Ndeche (Environment and Land Case Civil Suit E016 of 2019) [2024] KEELC 13953 (KLR) (17 December 2024) (Ruling)
Neutral citation: [2024] KEELC 13953 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment and Land Case Civil Suit E016 of 2019
FM Njoroge, J
December 17, 2024
Between
Delta Connections Ltd
Petitioner
and
Alfred Mwaringa Ndeche
Respondent
Ruling
1. The preliminary objection subject matter of this ruling is dated 20/9/2024 raises the following issues:a.Whether or not, the defendant’s claim being grounded on adverse possession, the defendant can in law institute interlocutory applications that seek injunctive orders against the plaintiff or orders intended to punish the plaintiff or curtail the plaintiff’s use of the said property, the plaintiff being as it were the registered owner of the said property;b.Whether or not the plaintiff being in possession, occupation and use of the suit property can be curtailed or restricted from enjoying its proprietorship and ownership interest over the suit property.
2. The notice of preliminary objection was filed in response to the defendant’s filing of an application dated 9/7/2024 seeking to find the plaintiff’s agents in contempt of court for alleged breach of orders of 1/2/2024, and removal of all structures introduced into the suit premises by them after 1/2/2024.
3. The objection was disposed of by way of written submissions. the plaintiff filed submissions dated 7/10/2024. The defendant filed none. The preliminary objection dated 7/10/2024 is thus dismissed with costs for want of compliance with court orders on the objector’s part.
RULING DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 17TH DAY OF DECEMBER 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI