Patel Ravji Lalji & another v Tom Owiny [2020] KEELC 2582 (KLR)
- Court
- Environment & Land Court
- Case number
- 2582
- Citation
- [2020] KEELC 2582 (KLR)
- Decided
- 18 May 2020
The plaintiffs have established a prima facie case of trespass against the defendant and are entitled to a permanent injunction to restrain the defendant from interfering with their peaceful occupation of the suit property.
Facts
The defendant and Amsa Jerotich Keitany were registered as the leasehold proprietors of the suit property. The plaintiffs purchased the property from the defendant and Amsa Jerotich Keitany for Kshs. 50,000,000/=.
Issues
- Whether the plaintiffs have established a prima facie case of trespass against the defendant.
- Whether the plaintiffs are entitled to a permanent injunction to restrain the defendant from interfering with their peaceful occupation of the suit property.
Reasoning
The plaintiffs have established that they purchased the suit property from the defendant and another person who is not a party to the suit. The plaintiffs have placed evidence before the court showing that they paid the full purchase price for the suit property. The plaintiffs have established further that the suit property was transferred to them and that they are now the registered proprietors thereof.
Outcome
The plaintiffs' application for a permanent injunction is allowed.
Orders
- Pending the hearing and final determination of the suit or further orders by the court, all that parcel of land known as L.R No. 209/11309 shall not be sold, transferred, leased, charged or developed in any manner whatsoever.
Remedies
- Permanent injunction
Authorities cited
Cases cited (1)
- Ougo and Another v Otieno [1997] KLR 364
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