[2016] KEHC 539 (KLR)
The court found that the application for a temporary injunction was unopposed, as the respondent failed to file any response despite being duly served and given sufficient time. The applicant demonstrated that he had been in possession and use of the suit land since 1995 and faced imminent threat of dispossession by...
Source-derived case information.
- Citation
- [2016] KEHC 539 (KLR)
- Parties
- Applicant: Yuda Imunya Alias Yuda K. Imunya; Respondent: Atanasio Kibara
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 245 of 2016
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction Application
- Outcome
- Application for temporary injunction granted in terms of prayer 3. Costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Injunctive Relief, Adjudication Section Disputes, Land Possession, Trespass, Quiet Enjoyment, Temporary Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yuda Imunya Alias Yuda K. Imunya
Applicant
Atanasio Kibara
Respondent
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from interfering with the applicant's possession and enjoyment of the suit land.
- 2 Whether the respondent's failure to file a response justifies granting the orders sought.
Ratio Decidendi
The court found that the application for a temporary injunction was unopposed, as the respondent failed to file any response despite being duly served and given sufficient time. The applicant demonstrated that he had been in possession and use of the suit land since 1995 and faced imminent threat of dispossession by the respondent, who allegedly intended to use his position as a land committee member to forcibly take over the land. The court, therefore, granted the application in terms of prayer 3, restraining the respondent and his agents from entering, trespassing, or interfering with the applicant's possession, cultivation, development, use, and enjoyment of the suit land pending the...
Court Disposition
Application for temporary injunction granted in terms of prayer 3. Costs in the cause.
Orders
- A temporary injunction is issued restraining the defendant/respondent, his family members, employees, servants, agents, representatives and/or anybody else acting for, through, or on his behalf, or at his behest, direction or instructions, from entering into, trespassing onto, taking possession of any portion of,...
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND CASE NO 245 OF 2016
YUDA IMUNYA Alias YUDA K. IMUNYA........PLAINTIFF/APPLICANT
VERSUS
ATANASIO KIBARA................................DEFENDANT/RESPONDENT
R U L I N G
1. This application is dated 24 th day of November, 2016 and seeks orders:-
(1) THATthe application be certified urgent and it be heard ex-parte in the first instance.
(2) THATpending inter-partes hearing of the application, a temporary injunction be issued, restraining the defendant/respondent, his family members, employees, servants, agents, representatives and/or anybody else acting for , through, or on his behalf , or at his behest, direction of instructions, from interfering with the plaintiff's peaceful, quiet, exclusive, uninterrupted and undisturbed possession, cultivation , development , user and enjoyment of land parcel No. 5382, measuring about 0. 48 of an acre, situated near Karama Market, within Karama Adjudication Section.
(3) THATpending hearing and determined of the suit further orders of the Court , a temporary injunction be issued restraining the defendant/ respondent, his family members, employees, servants, agents, representatives and/or anybody else acting for, through, or on his behalf, or at his behest, direction or instructions, from entering into, trespassing onto, taking possession of any portion of, and/or whatsoever interfering with the Plaintiff's peaceful, quiet, exclusive, uninterrupted and undisturbed possession , cultivation, development, user and enjoyment of land Parcel No. 5392, measuring about 0. 48 of an acre, situated near Karama Market , within Adjudication Section.
(4) THATcosts of the application be provided for.
2. The application is supported by the affidavit of YUDA IMUNYA and has the following grounds:-
(a) That suit land belongs to the Plaintiff/Applicant who has been utilizing it since 09. 10. 1995.
(b) THAT the respondent has threatened to forcibly grab the suit land using his powers as a land committee member and completely block the applicant and his family from accessing the same.
3. I do agree with Mr. Calpeters Mbaabu, the applicant's Advocate, that having been served on 07/12/2016, 12 days later, the Defendant had ample time to file his response in objection to the application.
4. I refuse to allow an adjournment.
5. I find that the application is not opposed.
6. In the circumstances, the application is granted in terms of prayer 3.
7. Costs shall be in the cause.
8. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 19TH DAY OF DECEMBER, 2016 IN THE PRESENCE OF:-
C: A Daniel
Carlpeters Mbaabu for the Applicant
Omari h/b Otieno for the Respondent
P.M. NJOROGE
JUDGE