Paul Kinuthia Ruitha v Bernadetta Wambui Wanyoike & another [2020] KEELC 3955 (KLR)

Summary at a glance

Facts

The Plaintiff/Applicant claims to have purchased 5 acres of land from the 1st Defendant/Respondent, but only received 1.75 acres. The 1st Defendant/Respondent erected a barbed wire fence on the remaining 3.25 acres. The Plaintiff/Applicant seeks an injunction to prevent the 1st Defendant/Respondent from dealing with the land and to allow him to harvest crops and collect building materials.

Issues

• Existence of exceptional circumstances for granting interlocutory mandatory injunctions.
• Whether the Plaintiff/Applicant is entitled to harvest crops and collect building materials.

Reasoning

The Court finds that the Plaintiff/Applicant has established special circumstances warranting the grant of the orders sought, allowing him to harvest crops and collect building materials.

Outcome

The Plaintiff/Applicant's application is allowed in part.

Orders

• Inhibition order over the land parcel L.R No.7497/66 pending the hearing and determination of the suit.
• Temporary injunction restraining the 1st Defendant from building, trespassing, alienating, selling, interfering, occupying or dealing with the land.
• Mandatory injunction directing the 1st Defendant to remove the barbed wire fence.
• Temporary injunction restraining the 2nd Defendant from registering any instrument disposing or creating any interest over L.R 7497/66.
• The Plaintiff/Applicant is at liberty to collect and secure all building materials and to harvest cash/food crops on the land.
• The O.C.S Kikuyu Police Station is to provide necessary security and maintain peace during the service and enforcement of any orders granted herein.
• The costs of the Application are provided for.

Remedies

• Harvest of crops
• Collection of building materials

Authorities cited