[2016] KEELC 265 (KLR)
The court found that the plaintiff had established a prima facie case by providing evidence of registered ownership of the suit property and showing that the defendant had interfered with his possession by clearing the land and grazing cattle. The defendant failed to file any response or justification for his...
Source-derived case information.
- Citation
- [2016] KEELC 265 (KLR)
- Parties
- Plaintiff: Simon Peter Maina Njiraini; Defendant: John Kimani Kairu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 42 of 2016
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Injunction
- Outcome
- application allowed
- Judges
- MA Silau
- Legal Topics
- Injunctive Relief, Trespass, Ownership of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Peter Maina Njiraini
Plaintiff
John Kimani Kairu
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the plaintiff has established a prima facie case for grant of an interlocutory injunction.
- 2 Whether the defendant should be restrained from entering or interfering with the suit land pending hearing and determination of the suit.
Ratio Decidendi
The court found that the plaintiff had established a prima facie case by providing evidence of registered ownership of the suit property and showing that the defendant had interfered with his possession by clearing the land and grazing cattle. The defendant failed to file any response or justification for his actions. In the absence of any rebuttal, the court concluded that the plaintiff was entitled to protection of his proprietary rights through an interlocutory injunction. The balance of convenience also favoured maintaining the status quo to prevent further interference until the suit is heard and determined.
Court Disposition
application allowed
Orders
- An injunction is issued restraining the defendant and/or his servants or agents from entering, being upon, ploughing, grazing cattle, or in any other way interfering with land parcel Dundori/Lanet Block 6/271 (Kiamunyeki) until the hearing and conclusion of this suit.
- The plaintiff shall have the costs of this application.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO 42 OF 2016
SIMON PETER MAINA NJIRAINI……….....…….PLAINTIFF
VERSUS
JOHN KIMANI KAIRU ……………………….DEFENDANT
RULING
(Application for injunction; plaintiff being owner of suit property; no reply filed by defendant; prima facie case established; application allowed)
1. This suit was filed on 15 February 2016 by way of plaint. In the plaint, the plaintiff has pleaded that he is the registered owner of the land parcel Dundori/ Lanet Block 6/ 271 (Kiamunyeki) (the suit land). He has pleaded that the defendant has instructed some people to clear the plaintiff’s land and prepare to plant maize. It is also pleaded that on 7 February 2016, the defendant brought all his cows to graze in the suit land. In this case, the plaintiff wants the defendant restrained from trespassing or interfering with the suit land.
2. Together with the plaint, the plaintiff filed an application for injunction which is the subject of this ruling. Despite being served, the defendant has not filed anything to respond to the application.
3. I have looked at the application and the supporting affidavit. The plaintiff has annexed a copy of title which shows that the suit property is in his name. The defendant has not filed anything to demonstrate why he should be utilizing the plaintiff’s land.
4. I am of the view that the plaintiff has demonstrated a prima facie case with a probability of success and is entitled to the injunction sought. I therefore allow this application and issue an injunction stopping the defendant and/or his servants agents from entering, being upon, ploughing, grazing cattle, or in any other way interfere with the land parcel Dundori/Lanet Block 6/271 (Kiamunyeki) until the hearing and conclusion of this suit.
5. The plaintiff shall also have costs of this application.
6. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 22nd day of March, 2016.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of: -
No appearance on part of M/s Geke & Co. for plaintiff/applicant.
No appearance for defendant.
Court Assistant : Janet
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU