Charles Kamatu Kabutha v Mugendi Njeru Njarire [2017] KEELC 886 (KLR)
- Court
- Environment & Land Court
- Case number
- 886
- Citation
- [2017] KEELC 886 (KLR)
- Decided
- 16 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureInterlocutory Injunction Application GrantedCoramY.M. ANGIMA
Holding
The court grants the Plaintiff's application for an interlocutory injunction to restrain the Defendant from further trespass or waste of the property.
Facts
The Plaintiff, Charles Kamatu Kabutha, claimed ownership of a property (Title No. Nthawa/Gitiburi/1341) purchased from the Defendant's grandfather in 1972. The Defendant, Mugendi Njeru Njarire, had trespassed and cultivated the property without permission.
Issues
- Ownership of the property
- Right to Interlocutory Injunction
Reasoning
The court found that the Plaintiff's affidavit evidence was uncontroverted and satisfied the requirements for an interlocutory injunction.
Outcome
Interlocutory injunction granted
Orders
- Interlocutory injunction granted to restrain Defendant from further trespass or waste of the property
Remedies
- Costs to be in the cause in line with the holding of the court in the case of Giella vs Cassman Brown & Co Ltd
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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