Dominic Kioko Mutua v Elizabeth Muthina Makarai & 4 others [2021] KEELC 2018 (KLR)
- Court
- Environment & Land Court
- Case number
- 2018
- Citation
- [2021] KEELC 2018 (KLR)
- Decided
- 28 July 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureInterlocutory ApplicationCoramC.K. YANO
Holding
The application is allowed in terms of prayers (e), (f) and (g) thereof.
Facts
The petitioner is a squatter on land parcel known as Taita Taveta Ziwani Phase 1 Scheme/590, which was part of Gicheha farm. The 1st respondent has been registered as the owner of the property.
Issues
- Order for enumeration list of squatters
- Conservatory order to prevent eviction
- Temporary injunction to prevent interference with occupation
- Stay of criminal proceedings
Reasoning
The court granted the orders to prevent eviction, to provide an enumeration list, and to prevent interference with occupation. The court declined to grant the stay of criminal proceedings as the petitioner had not demonstrated how his rights and freedoms were impeded.
Outcome
Application allowed
Orders
- Order for enumeration list of squatters
- Conservatory order to prevent eviction
- Temporary injunction to prevent interference with occupation
Remedies
- Costs of the application shall be in the cause
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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