Joel Kimutai Tuiya v Mathew Kipkurui Too [2015] KEELC 331 (KLR)
- Court
- Environment & Land Court
- Case number
- 331
- Citation
- [2015] KEELC 331 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureApplication for injunction allowedCoramMUNYAO SILA
Holding
The application for injunction is allowed. The defendant is ordered not to enter, be upon, or develop any structure on Plot No. 79 until the hearing and determination of this case.
Facts
In 2000, the plaintiff was allocated Plot No. 79A at Simotwet Trading Centre. In 2006, he purchased Plot No. 79B from Musa Kirogu and merged the plots into Plot No. 79. In September 2013, the defendant started constructing a pit latrine on Plot No. 79 without justification.
Issues
- Ownership of Plot No. 79
- Defendant's right to construct on the plot
Reasoning
The plaintiff has shown a prima facie case of an interest in the land. The balance of convenience tilts in favour of preserving the property and not allowing the defendant to waste it.
Outcome
Application for injunction allowed
Orders
- Defendant not to enter, be upon, or develop any structure on Plot No. 79 until the hearing and determination of this case
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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