Danson Wanjohi Mithamo v Peter Kamau Kimani [2020] KEELC 1952 (KLR)
- Court
- Environment & Land Court
- Case number
- 1952
- Citation
- [2020] KEELC 1952 (KLR)
- Decided
- 29 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory ApplicationPostureApplication for InjunctionCoramE.C. CHERONO
Holding
The application is allowed, and the plaintiff is granted an injunction.
Facts
The applicant, Danson Wanjohi Mithamo, claims adverse possession of the land titled MUTIRA/KIRIMUNGE/1981, stating he has been in continuous possession and occupation for over 12 years. The defendant, Peter Kamau Kimani, is the registered proprietor of the land.
Issues
- Whether the applicant has established a prima facie case of adverse possession.
- Whether the applicant has demonstrated irreparable injury and that damages cannot be an adequate remedy.
- Whether the balance of convenience tilts in favor of the applicant.
Reasoning
The court finds the applicant has established a prima facie case of adverse possession and has demonstrated irreparable injury. The balance of convenience tilts in favor of the applicant.
Outcome
Application allowed
Orders
- Temporary injunction against the defendant from entering, encroaching, trespassing, evicting, sub-dividing and interfering with the plaintiff's rights on title MUTIRA/KIRIMUNGE/1981 until the hearing and determination of the main suit.
- Temporary injunction against the defendant from entering, encroaching, trespassing, evicting, sub-dividing and interfering with the plaintiff's rights on title MUTIRA/KIRIMUNGE/1981 until the hearing and determination of the main suit.
- The Officer-in-Charge Kerugoya Police Station to ensure compliance.
- Costs of the application to be provided for.
Remedies
- Injunction
Authorities cited
Legislation (1)
- Limitation of Actions Act Cap. 22 Laws of Kenya
Cases cited (1)
- GIELLA VS CASSMAN BROWN CO. LTD (1973) E.A. 358
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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