[2008] KEHC 1856 (KLR)
The court found that the plaintiff, as the registered owner of the suit property, had established a prima facie case for the grant of an interlocutory injunction. The defendants had no lawful claim to the land, were not members of the plaintiff company, and had not established any right by adverse possession. The...
Source-derived case information.
- Citation
- [2008] KEHC 1856 (KLR)
- Parties
- Plaintiff: Unity 45 Housing Co-operative Society Ltd; Defendant: John Kimani; Defendant: Peter Kimuli Nguli; Defendant: John Ndungu Murimi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 212 of 2008
- Procedural Posture
- Civil Case / Ruling on Interlocutory Injunction Application
- Outcome
- injunction granted in favour of the plaintiff pending determination of the suit
- Legal Topics
- Injunctions, Land Ownership Disputes, Trespass, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Unity 45 Housing Co-operative Society Ltd
Plaintiff
John Kimani
Defendant
Peter Kimuli Nguli
Defendant
John Ndungu Murimi
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff is entitled to an interlocutory injunction restraining the defendants from interfering with the suit land.
- 2 Whether the defendants have any lawful claim or right to the suit property.
Ratio Decidendi
The court found that the plaintiff, as the registered owner of the suit property, had established a prima facie case for the grant of an interlocutory injunction. The defendants had no lawful claim to the land, were not members of the plaintiff company, and had not established any right by adverse possession. The absence of the defendants and their failure to present any argument further supported the plaintiff's case. Consequently, the court issued an injunction restraining the defendants from interfering with the land pending the determination of the suit, with costs awarded to the plaintiff.
Court Disposition
injunction granted in favour of the plaintiff pending determination of the suit
Orders
- An injunction is issued restraining the defendants from interfering with LR 11531/9 until determination of the suit.
- Costs of the application awarded to the plaintiff.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 212 of 2008
UNITY 45 HOUSING CO-OPERATIVE SOCIETY LTD ......…PLAINTIFF
VERSUS
JOHN KIMANI …………………..……………………... 1ST DEFENDANT
PETER KIMULI NGULI ……………………………… 2ND DEFENDANT
JOHN NDUNGU MURIMI …………………………….. 3RD DEFENDANT
RULING
APPLICATION FOR AN INJUNCTION
I) Background
1. The plaintiffs herein are a land buying company. They are the registered owner of LR 11531/9 (Originally LR 11531/4/5) survey 193896 IR71208 (RTA Cap.281). This property was intended for their members.
2. The three defendants herein John Kimani, Peter Kimuli, John Ndungu Murimi entered the said land on 22 February 2008, 26 March 2008, 25 April 2008 and began to destroy the beacons and setting up their own surveyor and went to claim the land as theirs.
3. The plaintiffs pray for an injunction against the three so as to restrain them from interfering with land.
4. The three are neither members of the plaintiff company, nor are they on the land previously to claim for adverse possession.
II: Finding
5. The plaintiffs on being served are absent. They are aware of the date of the application.
6. This court finds a prima facie case has been made out. An injunction order is accordingly issued till the determination of suit with costs to the plaintiff.
DATED THIS 1ST DAY OF JULY 2008 AT NAIROBI.
M.A. ANG’AWA
JUDGE
H.J. Koge instructed by H.J. Koge & Co. Advocates for the plaintiff/applicant – present
Defendants unrepresented - absent