James Maina & 3 others v Attorney General & 4 others [2017] KECA 499 (KLR)

Facts

The appellants claimed adverse possession of land described as UASIN GISHU/KONDOO SCHEME/627, located at Kondoo Trading Centre. The land was initially owned by the 5th respondent's grandmother, who handed it over to the public under the custody of the Burnt Forest Town Council. In 2004, a self-help group was formed, and the appellants claimed they had been in occupation of the land since 1972.

Issues

1. Whether the learned trial Judge properly exercised his discretion in declining to grant the appellants a permanent injunction as against the respondents pending the hearing of the suit.

Reasoning

The Court found that the appellants failed to show how they would suffer irreparable loss and that the balance of convenience was not in their favor. The Court also noted that the appellants proceeded to reiterate the facts of their case in the main suit and even argued the merits of the pending suit.

Outcome

Appeal dismissed

Authorities cited