[2024] KEELC 5752 (KLR)

[2024] KEELC 5752 (KLR)

The court found that there was no objection to the Application for a temporary injunction, and the Applicants had established sufficient grounds for the orders sought. The Applicants are the registered owners of the suit parcels by transmission from their late father, and the Respondents did not provide evidence of...

Source-derived case information.

Citation
[2024] KEELC 5752 (KLR)
Parties
Applicant: Applicants (names not specified); Defendant: Defendants (names not specified)
Court
Environment and Land Court
Court Station
Environment and Land Court at Nyamira
Jurisdiction
Kenya
Judgment Date
10 July 2024
Case Number
Environment & Land Case 41 of 2021
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application for Temporary Injunction
Outcome
Application for temporary injunction granted as prayed.
Judges
JM Kamau
Legal Topics
Temporary Injunctions, Land Ownership Disputes, Trespass, Succession and Transmission, Land Registration
Source Language
english
Land and Property Temporary Injunctions Land Ownership Disputes Trespass Succession and Transmission Land Registration

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Applicants (names not specified)

Applicant

Defendants (names not specified)

Defendant

Procedural Posture

Environment and Land Case / Ruling on Interlocutory Application for Temporary Injunction

Legal Issues

  1. 1 Whether the Applicants are entitled to a temporary injunction restraining the Defendants from entering, trespassing, constructing on, or wasting the suit parcels of land pending determination of the suit.
  2. 2 Whether the Applicants have established a prima facie case for the grant of the orders sought.

Ratio Decidendi

The court found that there was no objection to the Application for a temporary injunction, and the Applicants had established sufficient grounds for the orders sought. The Applicants are the registered owners of the suit parcels by transmission from their late father, and the Respondents did not provide evidence of ongoing construction or trespass. In the absence of opposition and in order to preserve the subject matter of the suit, the court granted the temporary injunction as prayed, restraining the Defendants from entering, trespassing, constructing on, or wasting the suit parcels pending the hearing and determination of the suit. The orders are to be supervised by the Officer...

Court Disposition

Application for temporary injunction granted as prayed.

Orders

  • A temporary injunction is issued restraining the Defendants and/or anyone claiming under their title from entering, trespassing, constructing on, or wasting parcels GESIMA SETTLEMENT SCHEME/1461 and 1462 pending the hearing and determination of the suit.
  • The Officer Commanding Manga Police Station shall supervise the enforcement of these orders.