[2017] KEELC 1832 (KLR)
The court found that the Plaintiff, as the registered owner of the Suit Property, had established a prima facie case for the grant of a temporary injunction. The Defendant did not contest the application or provide any evidence to rebut the Plaintiff's claims. The Plaintiff demonstrated that the Defendant's...
Source-derived case information.
- Citation
- [2017] KEELC 1832 (KLR)
- Parties
- Plaintiff: John Chuaga Nganga; Defendant: Benson Ligavoh Amutavi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 419 of 2017
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction
- Outcome
- temporary injunction granted
- Judges
- AK Bor
- Legal Topics
- Temporary Injunctions, Trespass, Ownership Disputes, Access Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Chuaga Nganga
Plaintiff
Benson Ligavoh Amutavi
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the Plaintiff is entitled to a temporary injunction restraining the Defendant from trespassing or interfering with the Suit Property.
- 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 Property, had established a prima facie case for the grant of a temporary injunction. The Defendant did not contest the application or provide any evidence to rebut the Plaintiff's claims. The Plaintiff demonstrated that the Defendant's actions—demolishing the perimeter wall, destroying the foundation, and blocking access—constituted interference with his proprietary rights. The court was satisfied that unless restrained, the Defendant's continued actions would cause irreparable harm to the Plaintiff's interests in the property. Accordingly, the court granted the temporary injunction to preserve the status quo pending...
Court Disposition
temporary injunction granted
Orders
- The Defendant is restrained from trespassing, constructing or otherwise dealing with the access road to the Suit Property or interfering with the Suit Property until this suit is heard and determined.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
E.L.C. CASE NO. 419 OF 2017
JOHN CHUAGA NGANGA…………………..….…..................….PLAINTIFF
VERSUS
BENSON LIGAVOH AMUTAVI…..……...................………...…….DEFENDANT
RULING
The Plaintiff seeks a temporary injunction to restrain the Defendant from trespassing, constructing or interfering with the Plaintiff’s plot being L.R. No. Nairobi/Block 82/1016 Savanah Estate, Nairobi (“the Suit Property”) pending hearing and determination of this suit.
The application is supported by the Plaintiff’s affidavit in which he depones that he is the registered owner of the Suit Property and has been in possession since 2002. He states that sometime in June, 2017 the Defendant’s agents demolished his perimeter fence and destroyed the building materials that the Plaintiff had placed on the road reserve adjoining the Suit Property. The Plaintiff annexed a copy of the certificate of lease showing that he is the registered owner of the Suit Property together the approval by the Nairobi City County for the proposed building of a dwelling house on the Suit Property. The Plaintiff laid a foundation on the Suit Property pursuant to that approval.
The Plaintiff claims that the Defendant demolished his perimeter wall and destroyed his foundation when the Defendant constructed on the road reserve thereby blocking the Plaintiff’s access to the Suit Property.
The Defendant was served but he failed to appear or file a replying affidavit.
The court is satisfied that the Plaintiff has met the threshold for the grant of a temporary injunction. The Defendant is hereby restrained from trespassing, constructing or otherwise dealing with the access road to the Suit Property or interfering with the Suit Property until this suit is heard and determined.
Dated and delivered at Nairobi this 20th day of September 2017.
K. BOR
JUDGE
In the presence of: -
No appearance for the Plaintiff and Defendant
Mr. V. Owuor- Court Assistant