Geoffrey Njogu Kapaai v Grace Wanjiku Ndegwa [2017] KEELC 3814 (KLR)

Facts

The Plaintiff, Geoffrey Njogu Kapaai, claims to be the lawful registered owner of the suit property LR NO. 260 RESIDENTIAL IN ONGATA RONGAI. The Defendant, Grace Wanjiku Ndegwa, claims ownership of land parcel number KWARE ONGATA RONGAI T. CENTRE/200/RES and denies being a tenant to the Plaintiff. The Plaintiff has been paying land rates and rent to the Ol Kejuado County Council and Kajiado County Government.

Issues

1. Whether the Plaintiff is entitled to the interlocutory injunction sought.
2. Whether the Plaintiff has demonstrated a prima facie case with a probability of success at the trial.

Reasoning

The Court notes that the Plaintiff has not provided sufficient evidence to prove his ownership claim, and the Defendant's claim of ownership is supported by her long-term possession and payment of rent.

Outcome

The Plaintiff's application for interlocutory injunction is dismissed.