Benson Mbithi Wambua & 7 others (Suing on their own behalf and on behalf of the squatters and residents of land registration numbers 209/9945, 209/9947, 209/9946, 209/9949 and 209/11975 also known as Deep Sea Settlement Scheme) v Sheraton Apartments Ltd & 5 others [2021] KEELC 2221 (KLR)

Facts

The Applicants claim to be occupants of an informal settlement on land registration numbers 209/9945 to 209/9949 and 209/11975 in Westlands, Nairobi. They seek an injunction to restrain the Respondents from interfering with their possession and use of the land, and a declaration of ownership by adverse possession.

Issues

1. Whether the Applicants have a prima facie claim to the Suit Property and will suffer irreparable loss if the injunctive orders are not granted.
2. Whether the Applicants are agents of the Defendants in ELC No. 620 of 2005 and the judgment in that case is binding on the Applicants.

Reasoning

The court found that the Applicants did not adduce evidence to show which portions of the Suit Property they occupy and failed to prove a prima facie case against the Respondents.

Outcome

The court declines to grant the orders sought in the application dated 28/11/2019.