Olonana Limited v Mara Rafiki Limited [2018] KEELC 1524 (KLR)
- Court
- Environment & Land Court
- Case number
- 1524
- Citation
- [2018] KEELC 1524 (KLR)
- Decided
- 9 August 2018
Summary at a glance
TypeLand DisputePostureApplication for Mandatory Injunction and InjunctionCoramMohamed N. Kullow
The Application has merit and is allowed in terms of prayers 5, 6 and 7.
Facts
Olonana Limited leased 100 acres to set up a tourist camp, while Mara Rafiki Limited illegally leased 20 acres along the Mara River. The Plaintiff claims the Defendant's construction is illegal and disrupts their peaceful occupation.
Issues
- Whether the Plaintiff has established a prima facie case for the grant of orders sought.
- Whether damages will be adequate compensation.
Reasoning
The Plaintiff has established a prima facie case due to their 20-year occupation and the conflicting lease agreements. The balance of convenience tilts in favor of the Plaintiff.
Outcome
The Application is allowed.
Orders
- Mandatory injunction against the Defendant to remove construction materials and structures.
- Injunction restraining the Defendant from trespassing or interfering with the Plaintiff's occupation and possession of the land.
- Costs in the cause.
Remedies
- Mandatory injunction
- Injunction
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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