[2017] KEELC 3518 (KLR)
The court found that the plaintiff had demonstrated, through documentary evidence, that he is the registered proprietor of the suit land. The defendant failed to appear or present any evidence of a right or interest in the property. The court held that the plaintiff had established a prima facie case with a...
Source-derived case information.
- Citation
- [2017] KEELC 3518 (KLR)
- Parties
- Plaintiff: John Muthee Ngunjiri; Defendant: Ali Ibrahim
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 265 of 2016
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Injunction
- Outcome
- Application for interlocutory injunction allowed.
- Judges
- MA Silau
- Legal Topics
- Injunctive Relief, Ownership Disputes, Title Deeds, Possession Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Muthee Ngunjiri
Plaintiff
Ali Ibrahim
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff has established a prima facie case for grant of an interlocutory injunction.
- 2 Whether the defendant has any lawful right or interest over the suit property.
- 3 Whether the plaintiff will suffer irreparable harm if the injunction is not granted.
Ratio Decidendi
The court found that the plaintiff had demonstrated, through documentary evidence, that he is the registered proprietor of the suit land. The defendant failed to appear or present any evidence of a right or interest in the property. The court held that the plaintiff had established a prima facie case with a probability of success and that failure to grant the injunction could result in waste or harm to the plaintiff's property interests. Accordingly, the court granted the interlocutory injunction restraining the defendant and his agents from entering, grazing livestock, or otherwise interfering with the plaintiff's possession of the land pending the hearing and determination of the suit.
Court Disposition
Application for interlocutory injunction allowed.
Orders
- The defendant and/or his servants, agents, or assigns are restrained from entering, being upon, grazing livestock, or in any other way interfering with the plaintiff's possession of land parcel Gilgil/Gilgil Block 1/26307 or its subdivisions pending hearing and determination of the suit.
- The plaintiff is awarded the costs of the application.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO.265 OF 2016
JOHN MUTHEE NGUNJIRI ……….…...…………….PLAINTIFF
VERSUS
ALI IBRAHIM ………………………………………DEFENDANT
RULING
(Application for injunction; application not opposed; plaintiff being owner of suit premises; defendant interfering with the same; no right demonstrated by defendant; application allowed)
1. This suit was commenced by way of a plaint that was filed on 19 July 2016. The plaintiff has pleaded that he is the registered proprietor of the land parcel Gilgil/Gilgil Block 1/26307 (Kikopey) which land he is currently subdividing. It is pleaded that on 13 July 2016, the defendant without any lawful justification, forced his livestock into the suit land claiming that he has a right over the same and he even proceeded to assault the plaintiff. In this suit, the plaintiff wants the defendant permanently restrained from the suit land.
2. Together with the plaint, the plaintiff filed an application seeking to have the defendant restrained from the suit land by an order of injunction pending hearing and determination of the case. It is that application which is the subject of this ruling. Despite being duly served, the defendant has not entered appearance and has not responded to the application.
3. The only material that I have is therefore that presented by the plaintiff. In his supporting affidavit, the plaintiff has displayed his title deed and a search certificate to indicate that he owns the suit property. Prima facie, the plaintiff has demonstrated that he is the owner of the suit land. The defendant has not brought forth anything to show that he has any rights over the property in dispute.
4. I am of the opinion that the plaintiff has laid out a prima facie case with a probability of success and is entitled to the injunction sought. If the order is not issued, the defendant may proceed to graze his livestock or utilize the suit land in other ways which will waste the land and cause harm to the plaintiff.
5. I allow this application, and pending the hearing and determination of this case, the defendant and/or his servants/agents/assigns, is hereby restrained from entering, being upon, grazing livestock, or in any other way interfering with the plaintiff's possession of the land parcel Gilgil/Gilgil Block 1/26307 or with any of its subdivisions.
6. The plaintiff shall also have the costs of this application.
7. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 15th day of February 2017.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of :
Ms. Amulabu holding brief for Mr. Geoffrey Otieno for the plaintiff/applicant.
Court Assistant : Nelima
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU