Peter Kaaria & another v Abert Musyoka Muriungi [2019] KEELC 2882 (KLR)
- Court
- Environment & Land Court
- Case number
- 2882
- Citation
- [2019] KEELC 2882 (KLR)
- Decided
- 24 June 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from an original trial decisionCoramCA: Ndegwa, P.M. NJOROGE
Holding
The court grants a temporary injunction restraining the defendant from constructing a building or blocking the public road leading to the disputed land.
Facts
Peter Kaaria and Fredrick Gitonga Mati claim that Abert Musyoka Muriungi has entered and built on their land, Meru South/Kamwimbi “A”/2174, and blocked a public road. They seek an injunction to prevent further construction and blockage.
Issues
- Ownership of the disputed land
- Right to quiet possession and use of the land
- Blocking of public road
Reasoning
The court finds that the plaintiff is the registered owner of the disputed land and that the defendant's actions constitute a nuisance and trespass.
Outcome
The application is granted with modifications.
Orders
- Temporary injunction against construction and blockage of public road
Remedies
- Forcible removal of structure and demolition of building
Authorities cited
Legislation (2)
- Civil Procedure Act
- Constitution of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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