John Kamakia Nthatu v Festus Kithinji Njagi [2017] KEELC 1447 (KLR)
- Court
- Environment & Land Court
- Case number
- 1447
- Citation
- [2017] KEELC 1447 (KLR)
- Decided
- 18 October 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureApplication for Interlocutory Injunction DismissedCoramCA: Ndegwa
Holding
The application is dismissed as it is predicated upon false evidence and no interim injunction is granted.
Facts
The plaintiff, John Kamakia Nthatu, claims to be the registered proprietor of land parcel No. THARAKA NITHI/GATUNGA/2271. The defendant, Festus Kithinji Njagi, commenced construction on the plaintiff's land without permission and created unauthorized access roads.
Issues
- Whether the application for interim injunction should be granted
- Whether the defendant's actions constitute trespassing, construction, and unauthorized access
Reasoning
The court finds that the application is based on false evidence and therefore no interim injunction is granted.
Outcome
Application dismissed
Orders
- Existing interim orders are vacated
- Plaintiff is ordered to fully comply with Order 11, CPR within 14 days of today
- Defendant is ordered to fully comply with Order 11, CPR within 14 days after receipt of plaintiff's compliance documents
- Parties are directed to come back to court for directions on 21.11.2017
- Costs shall be in the cause
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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