[2014] KEHC 7084 (KLR)

[2014] KEHC 7084 (KLR)

The court found that the plaintiff, as the registered proprietor of the suit property, had established a prima facie case for the grant of injunctive relief. The defendant, having been served, failed to file any response or opposition to the application. In the absence of any challenge to the plaintiff's ownership...

Source-derived case information.

Citation
[2014] KEHC 7084 (KLR)
Parties
Plaintiff: Ngari Kiranga; Defendant: Jerusha Mucogo Kiura
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Case Number
Environment & Land Case 659 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Outcome
Application allowed; injunctive orders granted as prayed in prayers (b) and (d) of the Notice of Motion dated 25th January 2014.
Judges
BN Olao
Legal Topics
Injunctive Relief, Land Title Disputes, Property Encroachment
Source Language
en
Land and Property Injunctive Relief Land Title Disputes Property Encroachment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ngari Kiranga

Plaintiff

Jerusha Mucogo Kiura

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the plaintiff is entitled to injunctive relief to restrain the defendant from encroaching on property MBEERE/KIRIMA/1199.

Ratio Decidendi

The court found that the plaintiff, as the registered proprietor of the suit property, had established a prima facie case for the grant of injunctive relief. The defendant, having been served, failed to file any response or opposition to the application. In the absence of any challenge to the plaintiff's ownership or the facts alleged, and upon consideration of the unopposed application, the court was satisfied that the plaintiff was entitled to the injunctive orders sought. The court accordingly granted prayers (b) and (d) of the Notice of Motion dated 25th January 2014, with costs in the cause.

Court Disposition

Application allowed; injunctive orders granted as prayed in prayers (b) and (d) of the Notice of Motion dated 25th January 2014.

Orders

  • Prayer (b) of the Notice of Motion dated 25th January 2014 is granted.
  • Prayer (d) of the Notice of Motion dated 25th January 2014 is granted.