Rodgers Mundu Munga v Patrick Chishenga & 2 others [2013] KEELC 127 (KLR)

Summary at a glance

Facts

The Plaintiff, Rodgers Mundu Munga, claims to be the registered owner of land parcel number Kilifi/Roka/1083. The Defendants, Patrick Chishenga and Edison Kashindo Munga, claim to have been allocated 2 acres each by their father in Kadzinuni village. The Plaintiff issued a six months' notice to the Defendants to vacate the land, which they ignored. The Plaintiff also claims that the Defendants are illegally building a permanent house on the suit property.

Issues

• Whether the Plaintiff has a prima facie case with chances of success.
• Whether the Plaintiff will suffer irreparable damage if the Defendants are allowed to deal with the suit property in any manner they deem fit.

Reasoning

The Plaintiff has a title deed for the land and the Bahari Land Dispute Tribunal and the Coast Provincial Land Appeals Committee found that the land belonged to the Plaintiff.

Outcome

The Plaintiff's Application for an interim injunction was allowed.

Orders

• An injunction order restraining the Defendants, their families from further building and constructing new houses, cultivating, planting, using, alienating and or in any manner interfering with the Plaintiff's parcel of land Kilifi/Roka/1083 pending the inter parties hearing and determination of this suit.

Remedies

• Costs of the Application.

Authorities cited