[2010] KEHC 1225 (KLR)
The court found that the plaintiffs were the lawful allottees and owners of the respective plots, having been allocated the plots by Nairobi City Council and having paid for them. The defendant had no legal basis for entering or constructing on the plots, and his actions constituted trespass. The plaintiffs' rights...
Source-derived case information.
- Citation
- [2010] KEHC 1225 (KLR)
- Parties
- Plaintiff: Godfrey Hinga Gatir0; Plaintiff: Geoffrey Kariuki Muriithi; Plaintiff: Joyce Nyambura Macharia; Defendant: Tobias Opondo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1275 of 2007
- Procedural Posture
- Land and Environment Case / Judgment
- Outcome
- Judgment for the plaintiffs.
- Legal Topics
- Allocation of Land, Trespass, Permanent Injunction, Damages for Trespass
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Hinga Gatir0
Plaintiff
Geoffrey Kariuki Muriithi
Plaintiff
Joyce Nyambura Macharia
Plaintiff
Tobias Opondo
Defendant
Procedural Posture
Land and Environment Case / Judgment
Legal Issues
- 1 Whether the plaintiffs are the lawful allottees and owners of the respective plots at Komarock (HFCK) Phase 1 Shopping Centre.
- 2 Whether the defendant trespassed on the plaintiffs' plots without legal basis.
- 3 Whether the plaintiffs are entitled to a permanent injunction and general damages for trespass.
Ratio Decidendi
The court found that the plaintiffs were the lawful allottees and owners of the respective plots, having been allocated the plots by Nairobi City Council and having paid for them. The defendant had no legal basis for entering or constructing on the plots, and his actions constituted trespass. The plaintiffs' rights to possession, occupation, and quiet enjoyment were unlawfully interfered with. Consequently, the court granted a permanent injunction restraining the defendant from further trespass and awarded general damages to each plaintiff for the infringement of their rights.
Court Disposition
Judgment for the plaintiffs.
Orders
- A permanent injunction is issued restraining the defendant, his agents, employees, and/or servants from constructing and/or entering and/or erecting a building on the plaintiffs' plots.
- The defendant shall pay to each plaintiff KShs. 100,000 in general damages.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Environmental & Land Case 1275 of 2007
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ELC NO. 1275 OF 2007
GODFREY HINGA GATIRO …………………….…………1ST PLAINTIFF
GEOFFREY KARIUKI MURIITHI ……………..………..2ND PLAINTIFF
JOYCE NYAMBURA MACHARIA ………………...……..3RD PLAINTIFF
V E R S U S
TOBIAS OPONDO …………………..………………………DEFENDANT
J U D G M E N T
The uncontroverted evidence of the Plaintiffs was that the 1st Plaintiff was allocated Commercial Plot No. V at Komarock (HFCK) Phase 1 Shopping Centre (Exhibit 1(a)), the 2nd Plaintiff was allocated Plot No. X (Exhibit 2 (a)) at the same place, and the 3rd Plaintiff was allocated Plot No. W (Exhibit 3 (a)) also at the same place.The allocation was by Nairobi City Council.The Plaintiffs each paid for the plot and the payment was acknowledged by the Council.They complain that the Defendant has without any legal basis or claim trespassed on the plots and constructed thereon. I accept the evidence and find the Plaintiff to be owners of the respective plots.An order of permanent injunction shall issue restraining the Defendant, his agents, employees and/or servants from constructing and/or entering and/or erecting and/or erecting a building on the said plots.
The Plaintiffs as owners of the plots are entitled to possession, occupation, quiet enjoyment and use of the same.This right has been interfered with by the illegal entry and construction on the plots.This is since 2003 when the Plaintiffs came to court. I order that the Defendant pays to each Plaintiff KShs. 100,000/= in general damages.Costs shall follow the event.
DATED, SIGNED AND DELIVERED AT NAIROBI
THIS 29TH DAY OF SEPTEMBER 2010
A.O. MUCHELULE
J U D G E