[2020] KEELC 916 (KLR)

[2020] KEELC 916 (KLR)

The court found that both the 1st Defendant and the 3rd Plaintiff are registered proprietors of their respective parcels of land and are in occupation of their respective portions. The central issue is a boundary dispute, and there is no clear demarcation between the parcels. The Land Registrar's report, which could clarify the boundary, is yet to be presented. The 1st Defendant failed to establish a prima facie case for an injunction as required by the Giella principles, as the evidence did not show clear trespass or encroachment beyond the unresolved boundary issue. Regarding contempt, the court held that the 1st Defendant did not prove the 3rd Plaintiff had violated the status quo...

Citation
[2020] KEELC 916 (KLR)
Parties
Plaintiff: Gabriel Onsongo Okondo; Plaintiff: Elizabeth Kemunto Ogaki; Plaintiff: Amos Lemangen Ole Katei; Plaintiff: Vera Odera Ogembo; Plaintiff: David L. C Mwaniki; Plaintiff: Lilian Wanjiku Muchemi; Plaintiff: Beatrice Wanjira Kamau; Plaintiff: Hudson Lodenyo; Plaintiff: Joseph Menge; Plaintiff: Lilian Njeri Thuku; Plaintiff: Joseph Gichuha Thumbi; Defendant: Sangiri Ole Kiok; Defendant: The Land Registrar Kajiado North; Defendant: The Hon. Attorney General
Court
Environment and Land Court
Court Station
Environment and Land Court at Kajiado
Jurisdiction
Kenya
Judgment Date
21 October 2020
Case Number
Environment & Land Case 74 of 2019
Procedural Posture
Notice of Motion / Ruling on Interlocutory Applications
Outcome
Both applications dismissed; status quo to be maintained; costs in the cause.
Legal Topics
Injunctions, Contempt of Court, Boundary Disputes, Status Quo Orders
Source Language
English
Land and Property Civil Procedure Injunctions Contempt of Court Boundary Disputes Status Quo Orders

Case Brief

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Parties

Gabriel Onsongo Okondo

Plaintiff

Elizabeth Kemunto Ogaki

Plaintiff

Amos Lemangen Ole Katei

Plaintiff

Vera Odera Ogembo

Plaintiff

David L. C Mwaniki

Plaintiff

Lilian Wanjiku Muchemi

Plaintiff

Beatrice Wanjira Kamau

Plaintiff

Hudson Lodenyo

Plaintiff

Joseph Menge

Plaintiff

Lilian Njeri Thuku

Plaintiff

Joseph Gichuha Thumbi

Plaintiff

Sangiri Ole Kiok

Defendant

The Land Registrar Kajiado North

Defendant

The Hon. Attorney General

Defendant

Procedural Posture

Notice of Motion / Ruling on Interlocutory Applications

Legal Issues

  1. 1 Whether the 1st Defendant is entitled to an injunction restraining the 3rd Plaintiff from trespassing on land parcel Kajiado/Loodariak/123 pending the outcome of the suit.
  2. 2 Whether the 3rd Plaintiff should be cited for contempt for violating the court orders granted on 2nd March, 2020.
  3. 3 Who should bear the costs of the two applications.

Ratio Decidendi

The court found that both the 1st Defendant and the 3rd Plaintiff are registered proprietors of their respective parcels of land and are in occupation of their respective portions. The central issue is a boundary dispute, and there is no clear demarcation between the parcels. The Land Registrar's report, which could clarify the boundary, is yet to be presented. The 1st Defendant failed to establish a prima facie case for an injunction as required by the Giella principles, as the evidence did not show clear trespass or encroachment beyond the unresolved boundary issue. Regarding contempt, the court held that the 1st Defendant did not prove the 3rd Plaintiff had violated the status quo...

Court Disposition

Both applications dismissed; status quo to be maintained; costs in the cause.

Orders

  • The obtaining status quo is to be maintained with the 1st Defendant and the 3rd Plaintiff remaining on their respective portions of land pending determination of the boundary.
  • The 1st Defendant's Notice of Motion applications dated 23rd December, 2019 and 14th July, 2020 are dismissed as unmerited.