[2014] KEHC 6722 (KLR)
The court found that the plaintiff, as the registered owner of the suit land, had established a prima facie case with a probability of success. The defendants did not claim any right or interest in the land, nor did they provide evidence to rebut the plaintiff’s ownership or the alleged acts of interference. The...
Source-derived case information.
- Citation
- [2014] KEHC 6722 (KLR)
- Parties
- Plaintiff: Henry Ingabo Lukwa; Defendant: Esau Maina; Defendant: Priscah Anyembe
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 33 of 2013
- Procedural Posture
- Land and Environment Case / Ruling on Interlocutory Application for Restraining Orders
- Outcome
- Application granted as prayed.
- Judges
- SJ Chitembwe
- Legal Topics
- Injunctive Relief, Trespass, Ownership of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Ingabo Lukwa
Plaintiff
Esau Maina
Defendant
Priscah Anyembe
Defendant
Procedural Posture
Land and Environment Case / Ruling on Interlocutory Application for Restraining Orders
Legal Issues
- 1 Whether the plaintiff is entitled to restraining orders against the defendants in respect of Plot number BUTSOTSO/SHIKOTI/16044.
- 2 Whether the plaintiff has established a prima facie case with a probability of success for the grant of an injunction.
Ratio Decidendi
The court found that the plaintiff, as the registered owner of the suit land, had established a prima facie case with a probability of success. The defendants did not claim any right or interest in the land, nor did they provide evidence to rebut the plaintiff’s ownership or the alleged acts of interference. The court held that the plaintiff is entitled to enjoy his property free from disturbance and that the application for restraining orders was merited. Consequently, the court granted the orders as prayed, with costs in the cause.
Court Disposition
Application granted as prayed.
Orders
- Restraining orders issued against the defendants in respect of Plot number BUTSOTSO/SHIKOTI/16044.
- Costs in the cause.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KAKAMEGA
LAND AND ENRIRONMENT NO: 33 OF 2013
HENRY INGABO LUKWA.......................................................PLAINTIFF
VERSUS
ESAU MAINA.................................................................1ST DEFENDANT
PRISCAH ANYEMBE.....................................................2ND DEFENDANT
R U L I N G
The application dated 19th June 2013 seeks restraining orders against the defendants in respect of Plot number BUTSOTSO/SHIKOTI/16044. The application is supported by the plaintiff’s affidavit. The defendants filed a replying affidavit sworn by the first defendant on 16th July 2013.
Mr. Khayumbi, counsel for the applicant relied on the application while the respondents relied on the replying affidavit. The applicant is the registered owner of the suit land and annexed a copy of his title deed. He contends that the respondents destroyed his fence on 15/6/2013 by uprooting the fencing trees. On his part, the 1st defendant has denied that he destroyed the boundary or that he trespassed on the plaintiff’s land.
Since the plaintiff is the registered owner of the suit land and the defendant is not claiming any part of that land or a right to occupy the land, I do find that the applicant has established a prima facie case with a probability of success. The applicant is entitled to enjoy his right to occupy his land free from any disturbance from the defendants. The application is merited and is granted as prayed. Costs in the cause.
Dated, signed and Delivered at Kakamega this 26th day of February 2014.
SAID J. CHITEMBWE
JUDGE