Benjamin Mapi Ole Partimo v Naisenyu Parngarwa Mutunkei [2014] KEELC 36 (KLR)
- Court
- Environment & Land Court
- Case number
- 36
- Citation
- [2014] KEELC 36 (KLR)
- Decided
- 9 December 2014
The Court found that the Plaintiff has not met the threshold for the grant of the temporary and mandatory injunctions he seeks.
Facts
The Plaintiff, Benjamin Mapi Ole Partimo, claimed that the Defendant, Naisenyu Parngarwa Mutunkei, had trespassed upon, cultivated, constructed upon, charged, sold, subdivided, disposed off or in any other manner interfered with the Plaintiff's quiet possession and ownership of Land Reference Number KAJIADO/KAPUTIEI-CENTRAL/1766. The Plaintiff alleged that he had lost his title deed and sought a temporary and mandatory injunction.
Issues
- Whether the Plaintiff has established a prima facie case for the grant of temporary and mandatory injunctions.
- Whether the Plaintiff has met the threshold for the grant of a mandatory injunction.
Reasoning
The Court found that the Plaintiff did not establish a prima facie case and did not show special circumstances that make it a clear case where the matter ought to be decided at once.
Outcome
The Plaintiff's application was denied.
Orders
- The Defendant is restrained from undertaking any further construction upon, charging, selling, subdividing, disposing of or in any other manner alienating the property known as Land Reference Number KAJIADO/KAPUTIEI-CENTRAL/1766 pending the hearing and determination of this suit or until further orders.
- The Defendant is ordered to deposit in Court the original title deed to Land Reference Number KAJIADO/KAPUTIEI-CENTRAL/1766 by availing the same to the custody of the Nairobi Environment and Land Court Deputy Registrar within 15 days of service upon her by the Plaintiff of the orders given herein.
Remedies
- Restraining order against the Defendant.
- Deposit of the original title deed in Court.
Authorities cited
Cases cited (1)
- Kenya Breweries Ltd and another v Washington Okeyo (2002) 1 E.A. 109
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