[2010] KEHC 976 (KLR)
The court found that the plaintiff is the registered proprietor of the suit property and that she had demonstrated unlawful interference by the defendants. As the application was unopposed and the plaintiff established a prima facie case, the court granted the temporary injunction as sought. The defendants were...
Source-derived case information.
- Citation
- [2010] KEHC 976 (KLR)
- Parties
- Plaintiff: Elida Aoko Opiyo; Defendant: Richard Okach Migawo; Defendant: John Arende Migawo; Defendant: Samwel Odoyo Migawo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Case 130 of 2010
- Procedural Posture
- Civil Case / Ruling on Interlocutory Injunction
- Outcome
- Application for temporary injunction granted.
- Legal Topics
- Temporary Injunctions, Trespass, Registered Proprietorship, Interlocutory Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elida Aoko Opiyo
Plaintiff
Richard Okach Migawo
Defendant
John Arende Migawo
Defendant
Samwel Odoyo Migawo
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendants from trespassing onto her parcel of land pending the hearing and determination of the suit.
- 2 Whether the plaintiff has demonstrated a prima facie case with a probability of success.
Ratio Decidendi
The court found that the plaintiff is the registered proprietor of the suit property and that she had demonstrated unlawful interference by the defendants. As the application was unopposed and the plaintiff established a prima facie case, the court granted the temporary injunction as sought. The defendants were ordered to bear the costs of the application.
Court Disposition
Application for temporary injunction granted.
Orders
- A temporary injunction is hereby issued restraining the defendants from trespassing onto L.R. NO. KAMAGAMBO/KABUORO/4633 pending the hearing and determination of the suit.
- The defendants shall bear the costs of this application.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CIVIL CASE NO. 130 OF 2010
ELIDA AOKO OPIYO …….….……..………….. PLAINTIFF/APPLICANT
VERSUS
RICHARD OKACH MIGAWO …..……. 1ST DEFENDANT/RESPONDENT
JOHN ARENDE MIGAWO …………… 2ND DEFENDANT/RESPONDENT
SAMWEL ODOYO MIGAWO ……...…. 3RD DEFENDANT/RESPONDENT
RULING
The plaintiff’s application seeking a temporary injunction to restrain the defendants from trespassing onto her parcel of land known as Kamagambo/Kabuoro/4633pending hearing and determination of this suit was served upon the defendants on 14th May, 2010.
The 1st and 3rd defendants entered appearance through Odero Osiemo & Co. Advocates and Khan & Associates Advocates respectively. However, neither grounds of opposition nor replying affidavits were filed by any of the defendants.
When the plaintiff’s application came up for hearing on 8th July, 2010 none of the defendants nor their advocates attended. The plaintiff’s application was therefore unopposed.
Having carefully perused the plaintiff’s application, I am satisfied that she is the registered proprietor ofL.R. NO. KAMAGAMBO/KABUORO/4633. She has demonstrated that the defendants are unlawfully interfering with her aforesaid property and consequently I grant the orders as sought. The defendants shall bear the costs of this application.
DATED, SIGNED AND DELIVERED AT KISII THIS 29TH DAY OF JULY, 2010
D. MUSINGA
JUDGE.
29/7/2010
Before D. Musinga, J.
Mobisa – cc
Mr. Oguttu for the Plaintiff
N/A for the Defendant
Court: Ruling delivered in open court on 29th July, 2010.
D. MUSINGA
JUDGE.