Elizabeth Wangoi Mburu & another v Peter Gitau [2017] KEELC 2605 (KLR)
- Court
- Environment & Land Court
- Case number
- 2605
- Citation
- [2017] KEELC 2605 (KLR)
- Decided
- 27 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a decision of the Environment and Land CourtCoramS. OKONG’O
Holding
The Plaintiffs' application for a temporary injunction is allowed.
Facts
The Plaintiffs were allocated a parcel of land by the Commissioner of Lands in 2002. In 2016, the Defendant started construction and quarrying activities on the land without the Plaintiffs' consent.
Issues
- Whether the Plaintiffs have a genuine and arguable case against the Defendant for trespassing on the suit property.
- Whether the Defendant should have disclosed to the court the particulars of those persons he claimed to have trespassed on the suit property.
Reasoning
The Plaintiffs established a prima facie case and demonstrated that their rights over the suit property have been infringed. The Defendant failed to disclose to the court the particulars of those persons he claimed to have trespassed on the suit property.
Outcome
The Plaintiffs' application for a temporary injunction is allowed.
Orders
- The Plaintiffs' application for a temporary injunction is allowed.
Remedies
- The 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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