[2020] KEELC 1131 (KLR)

[2020] KEELC 1131 (KLR)

The court found that the Plaintiff/Applicant is the registered owner of the suit property and has established a prima facie case with a probability of success. The Defendants/Respondents failed to demonstrate any legal interest in the property at this stage, as their sale agreements and receipts did not show any connection to the registered ownership. The Plaintiff's rights as proprietor have been infringed by the Defendants' continued occupation and construction on the land. The court further held that the Plaintiff stands to suffer irreparable harm that cannot be adequately compensated by damages if the injunction is not granted. The balance of convenience was not in doubt and favoured...

Citation
[2020] KEELC 1131 (KLR)
Parties
Applicant: Samuel Ng’ang’a Kiambuthi; Respondent: Eric Munene Gitonga; Respondent: Clement Gichohi Kungu; Respondent: Christopher Waruingi; Respondent: Wilson Mbuki; Respondent: Samuel Macharia
Court
Environment and Land Court
Court Station
Environment and Land Court at Thika
Jurisdiction
Kenya
Judgment Date
1 October 2020
Case Number
Environment & Land Case 3 of 2020
Procedural Posture
Notice of Motion Application / Ruling on Interlocutory Injunction
Outcome
Application allowed. Temporary injunction granted.
Judges
LN Gacheru
Legal Topics
Injunctive Relief, Ownership Disputes, Title Registration, Trespass, Prima Facie Case
Source Language
English
Land and Property Civil Procedure Injunctive Relief Ownership Disputes Title Registration Trespass Prima Facie Case

Case Brief

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Parties

Samuel Ng’ang’a Kiambuthi

Applicant

Eric Munene Gitonga

Respondent

Clement Gichohi Kungu

Respondent

Christopher Waruingi

Respondent

Wilson Mbuki

Respondent

Samuel Macharia

Respondent

Procedural Posture

Notice of Motion Application / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the Plaintiff/Applicant has established a prima facie case with a probability of success for grant of temporary injunctive orders.
  2. 2 Whether the Plaintiff/Applicant will suffer irreparable harm if the injunction is not granted.
  3. 3 Whether the balance of convenience tilts in favour of granting the injunction.

Ratio Decidendi

The court found that the Plaintiff/Applicant is the registered owner of the suit property and has established a prima facie case with a probability of success. The Defendants/Respondents failed to demonstrate any legal interest in the property at this stage, as their sale agreements and receipts did not show any connection to the registered ownership. The Plaintiff's rights as proprietor have been infringed by the Defendants' continued occupation and construction on the land. The court further held that the Plaintiff stands to suffer irreparable harm that cannot be adequately compensated by damages if the injunction is not granted. The balance of convenience was not in doubt and favoured...

Court Disposition

Application allowed. Temporary injunction granted.

Orders

  • The orders of the Honourable Court be enforced by the O.C.S Ruiru Police Station.
  • Pending the hearing and determination of this suit, the Defendants/Respondents, their agents, servants, employees and/or nominees or whosoever are restrained by an order of injunction from trespassing, harassing, wasting, depositing any materials, constructing or in any other way interfering with the...