Esther Wanjiku Mwangi & 3 others v Wambui Ngarachu [2017] KEELC 472 (KLR)
- Court
- Environment & Land Court
- Case number
- 472
- Citation
- [2017] KEELC 472 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for Interim Mandatory Injunction
Holding
The Court has jurisdiction to hear and determine the application.
Facts
The applicants are the registered proprietors of land parcels 8/Kaganda/1654, 1655, 1656, and 1657. They seek a declaration that they are entitled to an easement over land parcel 8/Kaganda/73, which they have used as an access road since 1963. The respondent is the legal representative of the estate of deceased Ngarachu Chege.
Issues
- Whether the Court has jurisdiction to determine the application
- Whether the applicants have established a prima facie case for an interim mandatory injunction
Reasoning
The Court found that the Environment and Land Court has jurisdiction to hear and determine disputes relating to land use and occupation, as established by Article 162(2)(b) of the Constitution and the Environment and Land Act No.19 of 2011.
Outcome
The Court has jurisdiction to hear the application.
Orders
- Interim mandatory injunction compelling the respondent to open up the access road and register the applicants as the owners of the easement
Remedies
- Interim mandatory injunction
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Environment and Land Act No.19 of 2011
Cases cited (1)
- Samuel Kamau Macharia &A nother v. Kenya Commercial Bank Limited & 2 Others S.C.
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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