Cecilio Murango Mwenda & 2 others v Isaac Kimathi Ikunga [2018] KEELC 3088 (KLR)

Facts

The plaintiffs, Cecilio Murango Mwenda and others, are registered proprietors of plots in Marimanti Township, Tharaka Nithi County. The defendant, Isaac Kimathi Ikunga, fenced off parts of the plaintiffs' plots without their consent and later subdivided his land, including encroached parts, into plots for sale.

Issues

1. Whether the defendant has legal rights to encroach and fence the plaintiffs' plots
2. Whether the plaintiffs are entitled to temporary injunctions to prevent further encroachment and fencing
3. Whether the plaintiffs are entitled to permanent injunctions to remove encroachment and fencing

Reasoning

The court found that the plaintiffs are the registered proprietors of the plots and that the defendant has no legal rights to encroach or fence them. The court also found that the plaintiffs would suffer irreparable loss and damage if the defendant is allowed to proceed.

Outcome

The application was granted, and the defendant was ordered to remove encroachment and fencing from the plaintiffs' plots.