Moffat Gichuru v M'imanyara M'murithi & 2 others [2016] KEELC 774 (KLR)
- Court
- Environment & Land Court
- Case number
- 774
- Citation
- [2016] KEELC 774 (KLR)
- Decided
- 19 May 2016
The court adopted the parties' consents, allowing the Defendants to harvest their cabbages and carrots within two months of May 19, 2016, and to leave the Plaintiff's land pending the hearing and determination of the case.
Facts
The Plaintiff, Moffat Gichuru, filed an application against the Defendants, M'Imanyara M'Murithi, Wilson Mwirigi, and Bindi Gichuru, seeking orders to restrain them from destroying his properties and entering his land parcels ABOGETA/U-KITHANGARI/2541 and ABOGETA/U-KITHANGARI/2514.
Issues
- Restraining orders against the Defendants
- Preservation of the Plaintiff's land parcels
Reasoning
The court considered the Plaintiff's long-term occupation and development of the land, the Defendants' threats and intimidation, and the need to preserve the Plaintiff's peaceful possession of his property.
Outcome
The application is deemed heard and determined.
Orders
- Orders of inhibition upon land parcel No. ABOGETA/U-KITHANGARI/2541 for preservation of the subject matter until this application is heard and determined.
- Orders of inhibition upon land parcel No. ABOGETA/U-KITHANGARI/2514 for preservation of the subject matter until this application is heard and determined.
- Enforcement through the O.C.S Nkubu Police Station and the respondent pays cost of this application.
Remedies
- Preservation of the Plaintiff's land parcels
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