Willy Munywoki Maingi v Samuel Mutuku Maingi & another [2018] KEELC 941 (KLR)

Summary at a glance

Facts

The Plaintiff, Willy Munywoki Maingi, is seeking an injunction against the 1st Defendant, Samuel Mutuku Maingi, and the 2nd Defendant, Alexander Mutinda Kivuva, to prevent them from interfering with land parcel No. Kisau/Mangani/341.

Issues

• Whether the Plaintiff has a valid claim to the land
• Whether the 1st Defendant has the right to sell the land

Reasoning

The court found that the land was ancestral land belonging to the late Maingi family, and the Plaintiff and the 1st Defendant are in possession of the land. However, the 1st Defendant has the right to sell the land with family consensus.

Outcome

The Plaintiff's application for an injunction is granted.

Orders

• An order of injunction do issue against the 1st Defendant and the 2nd Defendant to restrain them from interfering with the suit land

Remedies

• Injunction to prevent interference with the suit land

Authorities cited