Solomon Peitum Rioreta v Topemuk Rengono [2019] KEELC 4856 (KLR)
- Court
- Environment & Land Court
- Case number
- 4856
- Citation
- [2019] KEELC 4856 (KLR)
Summary at a glance
TypeLand DisputePostureApplication for Interlocutory InjunctionCoramMWANGI NJOROGE
The court finds that the plaintiff has not established a prima facie case against the defendant to warrant the grant of an injunction.
Facts
The plaintiff, Solomon Peitum Rioreta, claims that the defendant, Rengono Todumuk Julius, is constructing a house on land he owns, Plot No. 279 Kanyarkwat Group Ranch. The plaintiff alleges that the defendant was granted use of the land by the plaintiff but has now built a house on it without permission.
Issues
- Whether the defendant's construction of a house on the plaintiff's land constitutes a breach of the plaintiff's rights.
- Whether the plaintiff has established a prima facie case to warrant the grant of an injunction.
Reasoning
The court does not find sufficient evidence to support the plaintiff's claims and finds that the defendant's construction of the house is complete and there is no evidence to suggest it is unoccupied.
Outcome
Application dismissed with costs to the respondent.
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