Simon Mbugua Thungu v County Government of Trans-Nzoia & 4 others [2016] KEELC 1061 (KLR)

Facts

Simon Mbugua Thungu filed a notice of motion seeking an injunction against the County Government of Trans-Nzoia and its officials to prevent them from surveying, demarcating, and sub-dividing the suit land. The suit land is about 20 acres and was initially owned by the Agricultural Development Corporation (ADC). Simon Mbugua Thungu claims he purchased ADC plot No. 406 in 1998 and has been cultivating it. The County Government of Trans-Nzoia registered the suit land under Isaiah Wanyonyi.

Issues

1. Whether Simon Mbugua Thungu has a prima facie case with probability of success.
2. Whether the County Government of Trans-Nzoia should be prevented from surveying, demarcating, and sub-dividing the suit land pending the hearing and determination of the suit.

Reasoning

The court ruled that Simon Mbugua Thungu did not provide evidence showing that plot No. 406, which he claims to have purchased, is the same as the suit land. The court also noted that the records held by the Agricultural Development Corporation (ADC) indicate that the applicant is the owner of plot No. 406A, which is 20 acres.

Outcome

Application for injunction dismissed.

Authorities cited