[2019] KEELC 2421 (KLR)

[2019] KEELC 2421 (KLR)

The court found that the applicant had demonstrated an arguable case by showing continuous occupation of the suit property for over 17 years and claiming adverse possession. The applicant established a prima facie case with a probability of success, as his right to the property was sufficiently in question to warrant explanation or rebuttal. The court further held that the applicant would suffer irreparable harm if evicted, as he and his family would be rendered destitute, and such harm could not be adequately compensated by damages. The balance of convenience was found to favour the applicant, who was in possession of the property, as opposed to the respondent who sought to evict him....

Citation
[2019] KEELC 2421 (KLR)
Parties
Applicant: Francis Karani Gatei; Respondent: Peris Muthoni Gatei
Court
Environment and Land Court
Court Station
Environment and Land Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
28 June 2019
Case Number
Environment & Land Case 12 of 2019
Procedural Posture
Originating Summons / Ruling on Interlocutory Injunction Application
Outcome
application allowed
Legal Topics
Adverse Possession, Temporary Injunctions, Status Quo Orders, Succession and Inheritance
Source Language
English
Land and Property Civil Procedure Adverse Possession Temporary Injunctions Status Quo Orders Succession and Inheritance

Case Brief

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Parties

Francis Karani Gatei

Applicant

Peris Muthoni Gatei

Respondent

Procedural Posture

Originating Summons / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the applicant has established grounds for grant of a temporary injunction restraining the respondent from evicting him or dealing with the suit property pending determination of the suit.
  2. 2 Whether the applicant has demonstrated a prima facie case with a probability of success based on adverse possession.
  3. 3 Whether the applicant stands to suffer irreparable harm if the injunction is not granted.

Ratio Decidendi

The court found that the applicant had demonstrated an arguable case by showing continuous occupation of the suit property for over 17 years and claiming adverse possession. The applicant established a prima facie case with a probability of success, as his right to the property was sufficiently in question to warrant explanation or rebuttal. The court further held that the applicant would suffer irreparable harm if evicted, as he and his family would be rendered destitute, and such harm could not be adequately compensated by damages. The balance of convenience was found to favour the applicant, who was in possession of the property, as opposed to the respondent who sought to evict him....

Court Disposition

application allowed

Orders

  • Status quo to be maintained in respect of the suit property pending hearing and determination of the suit.
  • Costs of the application shall be in the cause.