[2005] KEHC 504 (KLR)
The court found that the plaintiff had clearly established her legal right to the property as the registered owner, supported by documentary evidence. The defendants' claims required full trial for determination, but in the interim, the balance of convenience favoured the plaintiff. The court held that the plaintiff...
Source-derived case information.
- Citation
- [2005] KEHC 504 (KLR)
- Parties
- Plaintiff: Rose Wanjiru Rugendo; Defendant: M/S Njiri’s Hardware Ltd & Another
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Case 541 of 2001
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application for Mandatory Injunction
- Outcome
- Application for mandatory injunction allowed.
- Legal Topics
- Mandatory Injunction, Eviction, Trespass to Land, Registered Land Ownership
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Wanjiru Rugendo
Plaintiff
M/S Njiri’s Hardware Ltd & Another
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application for Mandatory Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to a mandatory injunction for the eviction of the defendants from LR 1956/803 Voi Township pending the hearing of the suit.
- 2 Whether the plaintiff has established a clear legal right to the property justifying interlocutory relief.
Ratio Decidendi
The court found that the plaintiff had clearly established her legal right to the property as the registered owner, supported by documentary evidence. The defendants' claims required full trial for determination, but in the interim, the balance of convenience favoured the plaintiff. The court held that the plaintiff was entitled to the mandatory injunction sought, as her right to the land and buildings was guaranteed under the law, and the defendants' continued occupation constituted trespass. The court therefore granted the orders as prayed in prayers 2 and 3 of the application, with costs in the cause.
Court Disposition
Application for mandatory injunction allowed.
Orders
- Mandatory injunction granted for eviction of defendants from LR 1956/803 Voi Township as per prayer 2 of the application.
- Further orders granted as per prayer 3 of the application.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
Civil Case 541 of 2001
ROSE WANJIRU RUGENDO ……………………………………………PLAINTIFF
VERSUS
M/S NJIRI’S HARDWARE LTD & ANOR. …………………………DEFENDANT
R U L I N G
There is before court application dated 24/10/2001 seeking mandatory injunction for the eviction of Defendants from piece of land know as LR 1956/803 VOI Township as in terms of prayer 2 of the application.
Another prayer is made in terms of per 3 thereof. It is based on the ground that the plaintiff is the registered owner of the said plot No. 1956/803 Voi Township and that the Defendants have trespassed thereon.
The application is supported by affidavit of the Plaintiff. She has exhibited a Grant by President to herself marked Exhibit “A: she has also exhibited photographs showing the constructions which she is complaining about.
This application was in this court for argument on 14/6/2005. Mr. Mutugi advocate for Plaintiff argued the matter for the applicant although the hearing date was fixed in court in the presence of Mr. Ngaira holding brief for Mr. Odongo, no one appeared on 14/6/05 to respond in opposition.
I have examined the application and supporting affidavits with the annexures. I am convinced that the Applicant has a right to orders. She seeks while the suit is pending, her right to the land and buildings are clearly established under the law. The defendants stand as gathered in their affidavit raises matters that can only be proved after a full hearing. For the time being the balance of convenience tilts in favour of the Applicant. It being a matter involving land title to the land is guaranteed under the law.
I therefore allow application and grant orders under the prayers sought under prayer numbered 2 and 3 with costs in the cause.
Delivered and dated at Mombasa this 15th day of December 2005.
J. KHAMINWA
J U D G E
Notices sent for Ruling .
15/12/05
Ruling read in open court in their absence.
KHAMINWA, J