Pauline Mpaka Kwaria v Mark Mungiiria Muguna [2019] KEELC 521 (KLR)
- Court
- Environment & Land Court
- Case number
- 521
- Citation
- [2019] KEELC 521 (KLR)
- Decided
- 4 December 2019
Summary at a glance
TypeCivilPostureAppeal from a judgment dismissing the plaintiff's suit for adverse possession.Corampresiding judge
The court grants the order for the firm of John Muthomi & Co to be allowed to formally come on record for the plaintiff in lieu of Messer’s. However, the court denies the application for an inhibition and injunction as there is no appeal against the judgment.
Facts
The plaintiff, Pauline Mpaka Kwaria, claimed adverse possession of land parcel No. Ntima/Ntakira/3349. She had previously lost her suit for adverse possession in 2018. The defendant, Mark Mungiiria Muguna, had hired goods on the land and allegedly destroyed crops and blocked access to the plaintiff's house.
Issues
- Whether the firm of John Muthomi & Co advocates should be granted leave to formally come on record for the plaintiff in lieu of Messer’s.
- Whether the applicant has satisfied the tests for granting an inhibition and temporary injunction pending the hearing and legal representation.
Reasoning
The court dismisses the application for an inhibition and injunction as the plaintiff has not filed an appeal against the judgment dismissing her suit for adverse possession.
Outcome
The application is dismissed.
Orders
- The firm of John Muthomi & Co is granted leave to formally come on record for the plaintiff in lieu of Messer’s.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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