[2000] KEHC 358 (KLR)
The court found that the plaintiffs had not established a case warranting the grant of an injunction. The access path in question had been officially rerouted in 1990, and the plaintiffs had been using the new path for over ten years. The previous path was no longer in use, and the rerouting was reflected in the...
Source-derived case information.
- Citation
- [2000] KEHC 358 (KLR)
- Parties
- Plaintiff: Ngugi Kinyanjui Kiuru; Plaintiff: Another (not named); Defendant: Ng’ang’a Kiuru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1540 of 1999
- Procedural Posture
- Civil Case / Ruling on Interlocutory Injunction Application
- Outcome
- application dismissed with costs
- Legal Topics
- Access Rights, Injunctions, Land Boundaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ngugi Kinyanjui Kiuru
Plaintiff
Another (not named)
Plaintiff
Ng’ang’a Kiuru
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiffs are entitled to an injunction restraining the defendant from interfering with their access path across the defendant's land.
- 2 Whether the rerouting of the access path in 1990 extinguished the plaintiffs' right to use the original path.
Ratio Decidendi
The court found that the plaintiffs had not established a case warranting the grant of an injunction. The access path in question had been officially rerouted in 1990, and the plaintiffs had been using the new path for over ten years. The previous path was no longer in use, and the rerouting was reflected in the official survey map. As such, the order sought by the plaintiffs had been overtaken by events, and there was no basis for restraining the defendant from interfering with the original path. The application for injunction was therefore dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for injunction is dismissed with costs to the defendant.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO.1540 OF 1999
NGUGI KINYANJUI KIURU & ANOTHER ……………… PLAINTIFF
VERSUS
NG’ANG’A KIURU ……………………………………….. DEFENDANT
R U L I N G
This application by way of chamber summons seeks orders of injunction to restrain the 1st respondent/defendant by himself, his servants and/or agents from interfering with the Plaintiff user of access path on NDARAGU.GACHAGARE/16 pending hearing and determination of the suit herein.
The applicants are sons of the deceased brother of the 1st defendant. Their lands are adjacent to each other, and the applicants had a path of access across the 1st defendant’s land to their home which they have been using since 1950. The same was reflected on the official survey map.
Sometimes in 1990 the said path of access was rerouted to pass along the boundary. The same is again reflected in the official survey map. Counsel for the respondent/ 1st defendant opposes the application and submits that the path of access was not closed but rerouted and same was done officially by the Government The rerouting was effected both on the map and on the surface way back in 1990 and the applicants/Plaintiffs have been using the rerouted path of access since then.
The previous path of access was closed and rerouted in 1990 and has been in use for over 10 years now.
No case has been made by the Plaintiff to warrant an order of injunction. The order sought has already been overtaken by events.
For the reasons stated above this application fails and the same is dismissed with costs.
Dated and Delivered at Nairobi this 29th day of February, 2000
J.LA. OSIEMO
JUDGE