[2024] KEELC 4100 (KLR)
The court found that the surveyor's report confirmed the existence of a 6-metre wide access road to the plaintiff's property, Nairobi Block 66/7141. As the core factual dispute regarding the extent of any alleged encroachment required full trial for determination, the court held that it was inappropriate to grant...
Source-derived case information.
- Citation
- [2024] KEELC 4100 (KLR)
- Parties
- Plaintiff: Cicilia Nyambura Thairu; Defendant: Michael Kamotho Karuru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E066 of 2023
- Procedural Posture
- Environment and Land Case / Interlocutory Application Ruling
- Outcome
- Application for interlocutory orders declined; application marked as spent.
- Judges
- LN Mbugua
- Legal Topics
- Injunctive Relief, Land Access Disputes, Trespass, Survey Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Cicilia Nyambura Thairu
Plaintiff
Michael Kamotho Karuru
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Application Ruling
Legal Issues
- 1 Whether the plaintiff is entitled to interlocutory orders restraining the defendant from interfering with the access road to Nairobi Block 66/7141 pending the hearing of the suit.
- 2 Whether the surveyor's report establishes the existence and sufficiency of access to the plaintiff's property.
Ratio Decidendi
The court found that the surveyor's report confirmed the existence of a 6-metre wide access road to the plaintiff's property, Nairobi Block 66/7141. As the core factual dispute regarding the extent of any alleged encroachment required full trial for determination, the court held that it was inappropriate to grant interlocutory injunctive relief at this stage. The application for interim orders was therefore declined, and the application marked as spent, pending the substantive hearing of the suit.
Court Disposition
Application for interlocutory orders declined; application marked as spent.
Orders
- The application dated 22.8.2023 is marked as spent.
- No interlocutory orders are granted at this stage.
Full Case Text
Judgment text and source record
19 paragraphs
Thairu v Karuru (Environment & Land Case E066 of 2023) [2024] KEELC 4100 (KLR) (16 May 2024) (Ruling)
Neutral citation: [2024] KEELC 4100 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E066 of 2023
LN Mbugua, J
May 16, 2024
Between
Cicilia Nyambura Thairu
Plaintiff
and
Michael Kamotho Karuru
Defendant
Ruling
1. This ruling relates to the application dated 22. 8.2023 where plaintiff is seeking orders interalia restraining the defendant from trespassing, alienating, sub-diving, selling, constructing or further erecting any building and or structures along the access leading to the property known as Nairobi Block 66/7141 pending the hearing of this suit.
2. In an effort to expedite the hearing of the case, the court with the consent of the advocates for the protagonists directed that the scene be visited by the surveyor to capture the nature and extent of ground occupation. The scene visit was necessitated by the averments made by the applicant’s counsel that there was no access to plaintiffs plot. I have perused the report which indicates that there is indeed an access road to plaintiff’s land, only that it is apparently 6 metres wide.
3. The issue as to the extent of encroachment is one to be considered at the trial and not at this interlocutory stage.
4. As such guided by the surveyor’s report dated 31. 1.2024, the court declines to grant any orders at this stage and the application dated 22. 8.2023 is marked as spent.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 16TH DAY OF MAY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Ngugi for Plaintiff ApplicantRienye for DefendantCourt assistant: Eddel