Susan Mbeke Kasome & 872 Others v Njiru Ageria Development Limited [2015] KEELC 787 (KLR)
- Court
- Environment & Land Court
- Case number
- 787
- Citation
- [2015] KEELC 787 (KLR)
Summary at a glance
The court finds in favor of the Defendant/Applicant and allows the Application for a temporary injunction.
Facts
The Defendant/Applicant, Njiru Ageria Development Limited, seeks a temporary injunction to prevent the Plaintiffs from quarrying and selling stones from the suit property. The Plaintiffs, Susan Mbeke Kasome and 872 others, claim adverse possession over the property.
Issues
- Whether the Defendant/Applicant is entitled to a temporary injunction
- Whether the Plaintiffs have a prima facie case for adverse possession
Reasoning
The court ruled that the Defendant/Applicant is the registered owner of the suit property and has produced a certificate of title. The Plaintiffs have not demonstrated a sustainable competing claim over the property, and their activities are considered trespassing.
Outcome
The court allows the Application for a temporary injunction.
Orders
- Restraining the Plaintiffs from cutting stones, selling, alienating, entering, wasting or interfering with the suit property pending the hearing and determination of the Plaintiffs' Amended Originating Summons
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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