Stella Rionotukei v Samuel Ngoriarita [2018] KEELC 1468 (KLR)

Facts

Stella Rionotukei, as administrator of the estate of Rionotukei Nyangkamar Mosiongui, filed an application seeking a temporary injunction against Samuel Ngoriarita to prevent him from trespassing, ploughing, planting, constructing, entering, or interfering with land parcel No. Kaisagat/Makhonge Block 1/Mwisho/144. The plaintiff claims the land was purchased by her late husband and her family, but the defendant claims he purchased the land first and has been in continuous possession.

Issues

1. Whether an injunction can issue given the acts have already taken place
2. Whether the plaintiff and her family should be restored to the land

Reasoning

The acts sought to be enjoined have already taken place, making an injunction ineffective. The court finds that the most appropriate order is to maintain the status quo.

Outcome

Application dismissed