Jackson K. Ruto v Hamco K. Ltd. [2016] KECA 657 (KLR)
- Court
- Court of Appeal
- Case number
- 657
- Citation
- [2016] KECA 657 (KLR)
The appeal is dismissed with costs to the respondent, as the High Court found a prima facie case and granted an order of injunction. The court found no merit in the appeal and the balance of convenience was well served by the order of status quo.
Facts
Hamco K. Ltd. filed a suit against Jackson K. Ruto alleging encroachment on land parcel number LR No. 498/533 IR No.66949/1 Eldama Ravine. Ruto filed a chamber summons seeking to restrain Hamco from continuing trespass on the land pending the suit.
Issues
- legal competence of the suit and application
- burden of proof on revocation of allocation
- adequacy of damages as remedy
- balance of convenience
Reasoning
The court found that the respondent had made a prima facie case and that the appellant was running a school on the land. The court also found that damages were an adequate remedy and that the balance of convenience was well served by the order of status quo.
Outcome
Appeal dismissed
Orders
- Order of status quo maintained pending determination of competing titles
Remedies
- Injunction granted
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