Lukah Kimalel Matini v James Kiprop Lagat & another [2017] KEELC 129 (KLR)
- Court
- Environment & Land Court
- Case number
- 129
- Citation
- [2017] KEELC 129 (KLR)
- Decided
- 5 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureApplication for Interlocutory Injunction Pending Main SuitCoramM.A Odeny
Holding
The application for a temporary injunction is allowed.
Facts
The plaintiff is the registered owner of the suit land known as SACHO/KABARAK/352. The plaintiff and the defendants own adjacent plots. The parties appeared before the Baringo Land Registrar who resolved the issue and gave any aggrieved party 30 days within which to appeal.
Issues
- Whether the plaintiff is entitled to a temporary injunction to restrain the defendants from interfering with the suit land until the hearing and determination of the main suit.
- Whether the defendants are engaged in indiscriminate felling of trees on the disputed parcel of land, which has a negative impact on the suit property.
Reasoning
The court finds that the application has merit and the same is allowed as prayed. The defendants are ordered to pay costs of the application.
Outcome
Allowed
Orders
- Defendants to pay costs of the application.
- Parties to comply with order 11 within 30 days and fix the matter for hearing.
Remedies
- Temporary injunction to restrain the defendants from interfering with the suit land until the hearing and determination of the main suit.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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