Raphael Orwaru Makori v Nickson Wandabi [2015] KEELC 542 (KLR)
- Court
- Environment & Land Court
- Case number
- 542
- Citation
- [2015] KEELC 542 (KLR)
- Decided
- 13 April 2015
The application is dismissed with costs to the respondent, and the interim injunction granted to the applicant is hereby discharged.
Facts
Raphael Orwaru Makori filed a notice of motion seeking an injunction against Nickson Wandabi to restrain him from cultivating or occupying LR NO. Trans-Nzoia/Gidea/87. The suit land is about 50 acres and was originally owned by Albert Ekirapa. The applicant claims to have purchased the land from Ekirapa in 2006, while the respondent claims he is the legal representative of his late father Fred Wandabi, who had previously bought 10 acres from Ekirapa in 2004.
Issues
- Ownership of the suit land
- Validity of the temporary injunction granted
Reasoning
The court found that the applicant did not disclose that the respondent was already on the suit land by virtue of his father having bought 10 acres from Albert Ekirapa. The court also noted that the applicant did not file a replying affidavit to counter the respondent's claims.
Outcome
The application is dismissed with costs to the respondent.
Orders
- Interim injunction granted to the applicant is hereby discharged.
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