Philip Ndirangu Karanja v Kimani Muchina & others [2018] KEELC 4628 (KLR)
- Court
- Environment & Land Court
- Case number
- 4628
- Citation
- [2018] KEELC 4628 (KLR)
- Decided
- 25 January 2018
The court grants an order of injunction to restrain the Defendant and the youth that he works with from dealing with L.R. No. 36/22/V in Mathare Nairobi pending hearing and determination of the suit.
Facts
The Plaintiff, 90 years old, claims that a group of young men led by the Defendant trespassed on and erected structures on his land in Mathare, Nairobi. The Plaintiff sent emissaries to request the Defendant to stop, but he did not comply. The Defendant claimed to be carrying out a chicken breeding project with other young men.
Issues
- Whether the Plaintiff has a prima facie case against the Defendant and others
- Whether the court should grant an injunction to restrain the Defendant and others from dealing with the Suit Property
Reasoning
The court is satisfied that the Plaintiff has a prima facie case against the Defendant and the other persons who have invaded his land and built structures for the chicken breeding project.
Outcome
Plaintiff awarded the costs of the application
Orders
- An order of injunction to restrain the Defendant and the youth that he works with from dealing with L.R. No. 36/22/V in Mathare Nairobi pending hearing and determination of the suit
Remedies
- Injunction
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