Daniel Njenga Muirurig & 2 others v David Kuria [2020] KEELC 3307 (KLR)
- Court
- Environment & Land Court
- Case number
- 3307
- Citation
- [2020] KEELC 3307 (KLR)
- Decided
- 5 March 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPosturePlaintiffs seek permanent injunction and damages against Defendant for alleged unauthorized quarry activities on land they claim to own.CoramL. GACHERU
Holding
The Court finds in favor of the Plaintiffs, granting a permanent injunction and costs, but denies special damages.
Facts
The Plaintiffs claim to be beneficiaries of land previously owned by their father, which the Defendant began quarrying activities on without their consent in January 2018.
Issues
- Whether Plaintiffs have a valid claim to the land
- Whether Plaintiffs are entitled to special damages
Reasoning
The Plaintiffs proved their case on the balance of probabilities, and the Defendant did not contest the allegations.
Outcome
Plaintiffs' suit is allowed.
Orders
- Permanent injunction against Defendant from excavating and carrying out quarry activities on the Plaintiffs' land
- Plaintiffs are entitled to costs of the suit
Remedies
- Permanent injunction
- Costs of the suit
Authorities cited
Legislation (2)
- Evidence Act
- Civil Procedure Act
Cases cited (5)
- Kenya Power & Lighting Company Limited v Nathan Karanja Gachoka & Another
- Moses Mwangi Karanja v David Macharia Gakuya
- National Social Security Fund Board of Trustees v Sifa International Limited
- Macharia & Waiguru v Muranga Municipal Council & Another
- Provincial Insurance Co. EA Ltd v Mordekai Mwanga Nandwa
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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