Mbayani Mwinukie v Njiru Kagane [2017] KEELC 2135 (KLR)
- Court
- Environment & Land Court
- Case number
- 2135
- Citation
- [2017] KEELC 2135 (KLR)
- Decided
- 12 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand AdjudicationPostureAppeal from a previous decisionCoramY.M. ANGIMA
Holding
The court finds that the plaintiff has been in possession of a portion of the land, but the size of the occupied land is in dispute. The plaintiff's claim for an interim injunction is allowed.
Facts
The plaintiff claimed adverse possession of 1 1/2 acres of land registered in the defendant's name, while the defendant denied the claim and stated that the plaintiff had only occupied 1/2 an acre.
Issues
- Size of the land occupied by the plaintiff
- Length of the plaintiff's occupation
Reasoning
The court is satisfied that the plaintiff has been in possession of a portion of the land, but the size is in contention. The plaintiff has made out a prima facie case and the irreparable loss if the injunction is not granted is significant.
Outcome
Appeal dismissed
Orders
- Interim injunction to restrain the defendant from evicting the plaintiff or interfering with his peaceful occupation of the portion of 1 1/2 acres he claimed on account of adverse possession
- Interim injunction to restrain the defendant from selling, transferring, alienating, leasing or in any other way dealing with the suit property pending the hearing and determination of the suit
Remedies
- Costs of the application 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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