Regina Mwikali Muema v Beth Wanjiru & another [2019] KEELC 343 (KLR)
- Court
- Environment & Land Court
- Case number
- 343
- Citation
- [2019] KEELC 343 (KLR)
- Decided
- 7 November 2019
The court finds that the Defendant is entitled to a permanent injunction to protect her from the Plaintiff's insults and interference. The Plaintiff's prayers for a permanent injunction, order of eviction, and damages are dismissed.
Facts
The Plaintiff claims to own Plot No.177/1 Ngei 2A Huruma, Nairobi, which is adjacent to the Defendant's Plot No.177 EEC Ngei II. The Plaintiff alleges that the Defendant has encroached on her plot and harassed her. The Defendant claims that the Plaintiff has been harassing her and has made complaints against her.
Issues
- Whether Plot No. 177/1 exists on the ground.
- Whether the Defendant has encroached on to the said plot.
- Whether the Plaintiff is entitled to the prayers sought.
- Whether the 1st Defendant is entitled to the prayers sought.
Reasoning
The court determines that the Plaintiff cannot prove that the Defendant has encroached on her land. The Plaintiff's balcony is not considered an encroachment as it is over an open space. The court grants the Defendant's prayer for an injunction but not as an eviction order.
Outcome
Appeal dismissed
Orders
- A permanent injunction to the 1st Defendant to protect her from the Plaintiff's insults and interference.
- The Plaintiff's prayers for a permanent injunction, order of eviction, and damages are dismissed.
Remedies
- Permanent injunction for the 1st Defendant to protect her from the Plaintiff's insults and interference.
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