Joseph Gatubi Kariuki v Kikuyu Sub County & another [2015] KEELC 778 (KLR)
- Court
- Environment & Land Court
- Case number
- 778
- Citation
- [2015] KEELC 778 (KLR)
- Decided
- 5 February 2015
The court orders the Plaintiff to maintain the existing status quo where he is in occupation of the suit property, but not to effect any further constructions until the suit is determined.
Facts
Joseph Gatubi Kariuki purchased plot no. 25A from John Njoroge in 1998. The plot was later renumbered to plot no. 29 by the Kikuyu Sub-County. The Plaintiff claims ownership of plot no. 25A, while the 2nd Defendant claims ownership of plot no. 29.
Issues
- Ownership of plot no. 25A and plot no. 29
- Validity of the renumbering of plots
Reasoning
The court found that the Plaintiff had acquired plot no. 25A in 1998 and the 2nd Defendant acquired plot no. 29 in 2011. The court ordered the Plaintiff to maintain his occupation of the suit property but not to construct further until the suit is determined.
Outcome
The Plaintiff's application for temporary injunction is granted.
Orders
- Maintain the existing status quo where the Plaintiff is in occupation of the suit property
- Pre-trial conference within 60 days
Remedies
- Preservation of the suit property
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Shivabhai Patel -vs- Manibhai Patel (1959)EA 107
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