Ruth Wakapa & 2 others v Mburu Gathiori Nduati & another [2020] KEELC 2791 (KLR)
- Court
- Environment & Land Court
- Case number
- 2791
- Citation
- [2020] KEELC 2791 (KLR)
- Decided
- 23 April 2020
Summary at a glance
TypeInterlocutory InjunctionPostureAppeal from a lower court decision
The Court finds that the Plaintiffs have not established a prima facie case to warrant the orders of injunction.
Facts
The Plaintiffs claim that the Defendants trespassed on their land and threatened to demolish their structures. The Defendants claim that the Plaintiffs trespassed on a road reserve and blocked their access.
Issues
- Whether the Plaintiffs are entitled to orders of interlocutory injunction pending the outcome of the suit.
- Whether the 2nd Defendant is entitled to orders of a mandatory injunction pending the outcome of the suit.
Reasoning
The Plaintiffs' actions, including the destruction of the Defendants' fence and the arrest of one of their agents, were not justified. The Court found that the Plaintiffs did not provide evidence of a Notice from the National Land Commission or the adjudication of the matter by government institutions.
Outcome
The Plaintiffs' application for interlocutory injunction was denied.
Authorities cited
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