[2016] KEHC 5837 (KLR)
The court found that the plaintiff had formally proved his case for a permanent injunction against the defendant regarding the unsurveyed land in Kathangachini, Tharaka Nithi. However, based on the plaintiff's oral and written concession, the court awarded the defendant 3 acres where her homestead is located. The...
Source-derived case information.
- Citation
- [2016] KEHC 5837 (KLR)
- Parties
- Plaintiff: Jeremiah Nkuri; Defendant: Grace Gatiria
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 85 of 2015
- Procedural Posture
- Environment and Land Case / Judgment
- Outcome
- Plaintiff's claim for permanent injunction granted in part; defendant awarded 3 acres; no order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Permanent Injunction, Land Ownership, Customary Land Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremiah Nkuri
Plaintiff
Grace Gatiria
Defendant
Procedural Posture
Environment and Land Case / Judgment
Legal Issues
- 1 Whether the defendant should be permanently restrained from interfering with the plaintiff's unsurveyed land in Kathangachini, Tharaka Nithi.
- 2 Whether the defendant is entitled to remain on any portion of the suit land after the lease expired.
Ratio Decidendi
The court found that the plaintiff had formally proved his case for a permanent injunction against the defendant regarding the unsurveyed land in Kathangachini, Tharaka Nithi. However, based on the plaintiff's oral and written concession, the court awarded the defendant 3 acres where her homestead is located. The injunction was granted to restrain the defendant from interfering with the remainder of the land, except for the 3 acres awarded to her. No costs were awarded to either party. The decision was grounded in the plaintiff's established ownership, the defendant's lack of contest, and the plaintiff's willingness to allow the defendant to remain on a portion of the land.
Court Disposition
Plaintiff's claim for permanent injunction granted in part; defendant awarded 3 acres; no order as to costs.
Orders
- A permanent injunction is granted restraining the defendant and her agents from alienating or interfering with the plaintiff's unsurveyed land in Kathangachini, Tharaka Nithi, except for the 3 acres where the defendant's homestead stands.
- The defendant is awarded 3 acres where her homestead is located.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
ENVIRONMENTAL & LAND NO. 85 OF 2015
JEREMIAH NKURI.............................................PLAINTIFF/APPLICANT
VERSUS
GRACE GATIRIA........................................DEFENDANT/RESPONDENT
J U D G M E N T
In his plaint dated 16/09/2015, the Plaintiff prays for judgment against the Defendant for:-
a. A permanent injunction to stop/restrain the Defendant by herself, agents, or anyone working on her behest from alienating/interfering with the unsurveyed land parcel in Kathangachini Tharaka Nithi belonging to the Plaintiff until further orders of court.
b.Costs of this suit and any other remedy the Court deems fit.
On 01/03/2016, formal proof proceedings took place. The Plaintiff asked the Court to adopt his statement dated 16/09/2015 as his evidence. He explained that the land in dispute belonged to his father since around 1940. His father leased the land to the Defendant's husband in 1977 but when her husband died she refused to move out of the land. The Plaintiff said that when the matter was discussed by the Council of elders, he was willing to allow the Defendant to occupy 3 acres where her homestead is located. He told the Court that he is willing to give her 3 acres.
I do find that the Plaintiff has formally proved his case but the Court awards the Defendant 3 acres from the suit land as offered by the Plaintiff in his oral evidence and in the statement of facts filed by his Advocate on 16/09/2015.
I order as follows:-
1. A permanent injunction is granted to stop/restrain the Defendant by herself, agents, or any one else working at her behest from alienating/intefering with the Plaintiff's unsurveyed land in Kathangachini, Tharaka Nithi belonging to the Plaintiff EXCEPTthe 3 acres where the defendant's home stands.
2. The defendant is awarded 3 acres where her homestead is located.
3. I award no costs in this suit.
It is so ordered.
Delivered in open Court at Meru this 1st day of March, 2016 in the presence of:-
CC: Daniel/Lilian
Otieno for Plaintiff
P. M. NJOROGE
JUDGE