David Kabulu Thanyaku v Joseph Ncubiri [2017] KEELC 1666 (KLR)
- Court
- Environment & Land Court
- Case number
- 1666
- Citation
- [2017] KEELC 1666 (KLR)
- Decided
- 4 October 2017
The application is allowed, and an injunction is issued to restrain the defendant from entering, cultivating, utilizing, occupying, trespassing, or interfering with the plaintiff's ownership, possession, occupation, and use of the land parcel.
Facts
David Kabulu Thanyaku filed an application seeking an injunction against Joseph Ncubiri to prevent him from entering, cultivating, utilizing, occupying, trespassing, or interfering with the plaintiff's ownership, possession, occupation, and use of land parcel TIGANIA/KITHARENE/2622.
Issues
- Ownership of land parcel TIGANIA/KITHARENE/2622
- Defendant's illegal retention and trespass on the land
Reasoning
The title deed indicates that the plaintiff is the registered owner of the land parcel. The defendant has prevented the plaintiff from entering the land and has engaged in illegal activities on the land.
Outcome
Allowed
Orders
- Temporary injunction to restrain defendant from entering, cultivating, utilizing, occupying, trespassing, or interfering with the plaintiff's ownership, possession, occupation, and use of the land parcel pending inter-parties hearing.
- Permanent injunction to restrain defendant from entering, cultivating, utilizing, occupying, trespassing, or interfering with the plaintiff's ownership, possession, occupation, and use of the land parcel pending the hearing and determination of the suit.
Remedies
- Costs of the application be costs in the cause.
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