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Jeremiah Ahuna Amulioto v Raphael Omulanda [2017] KEELC 3758 (KLR)

[2017] KEELC 3758 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3758
Citation
[2017] KEELC 3758 (KLR)
Decided
20 June 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Interim InjunctionCoramN.A. MATHEKA
Holding

The court granted the application and certified it as urgent. The court ordered an interim injunction restraining the Defendant from interfering with and carrying out any construction or trespassing on the land parcel.

Facts

The Plaintiff, Jeremiah Ahuna Amulioto, claims to be the lawful and beneficial owner of land parcel E. BUNYORE/EMAKUNDA/1223. The Defendant, Raphael Omulanda, is a beneficiary of the same land parcel and has been erecting semi-permanent structures on it.

Issues

  1. Interim injunction to restrain the Defendant from interfering with the land parcel
  2. Interim injunction to restrain the Defendant from carrying out any construction or trespassing on the land parcel
  3. Costs of the application
  4. Further and other relief that the court deems just and fit to grant

Reasoning

The court found that the Plaintiff is the lawful and beneficial owner of the land parcel and that the Defendant has trespassed on it, violating the Plaintiff's right to quiet enjoyment.

Outcome

Granted

Orders

  • Interim injunction restraining the Defendant from interfering with the land parcel
  • Interim injunction restraining the Defendant from carrying out any construction or trespassing on the land parcel
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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