[2002] KEHC 769 (KLR)
The court found that the plaintiff had established, on a balance of probabilities, that he was the rightful allottee of plot No. 491 Thome Estate, as evidenced by documents from the allocating company. The defendant failed to provide any evidence to the contrary and did not attend court to substantiate his claim....
Source-derived case information.
- Citation
- [2002] KEHC 769 (KLR)
- Parties
- Plaintiff: Stevenson Ngatia; Defendant: Clement Kamau Gitau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1412 of 1999
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application
- Outcome
- interlocutory injunction granted in favour of the plaintiff
- Legal Topics
- Ownership Dispute, Allocation of Land, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stevenson Ngatia
Plaintiff
Clement Kamau Gitau
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the plaintiff is the rightful owner of plot No. 491 Thome Estate.
- 2 Whether the defendant should be barred from developing the disputed plot pending determination of ownership.
Ratio Decidendi
The court found that the plaintiff had established, on a balance of probabilities, that he was the rightful allottee of plot No. 491 Thome Estate, as evidenced by documents from the allocating company. The defendant failed to provide any evidence to the contrary and did not attend court to substantiate his claim. The court held that the plaintiff was likely to suffer irreparable loss if the defendant was allowed to develop the plot, and that damages would not be an adequate remedy. Accordingly, the court granted the injunction sought by the plaintiff, restraining the defendant from developing the disputed plot pending determination of ownership.
Court Disposition
interlocutory injunction granted in favour of the plaintiff
Orders
- Prayer (b) of the application is granted, restraining the defendant from developing plot No. 491 Thome Estate.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI CIVIL CASE NO. 1412 OF 1999STEVENSON NGATIA…………………………………………….PLAINTIFF -VERSUS CLEMENT KAMAU GITAU………………………………...DEFENDANT RULING By this application filed on 15th July, 1999, the plaintiff seeks orders barring the defendant from carrying out development of plot No. 491 Thome Estate as the same belongs to the plaintiff. The defendant however contended to the contrary in a replying affidavit but did not attend the court to urge his case.
According to the affidavit evidence from the applicant and supported by the company which alienated the plot to the members, the plot in dispute was allocated to the plaintiff while the defendant was allocated a different one. To support his case the applicant produced documents from the company showing that he is the one entitled to the plot but the respondent did not produce anything to support his case.
On preponderance of evidence adduced it is clear that the land belongs to the company which had allocated the plot in dispute to the plaintiff/applicant. The defendant/respondent has no right therefore to be on the plot. As the applicant is likely to suffer a loss which may not be adequately compensated by an award of damages, he is entitled to the order sought herein.
I therefore grant prayer (b) as prayed.
The costs to be in the cause.
Orders accordingly.
Dated and signed at Nairobi this 18th day of June, 2002. G.P. Mbito JUDGE