Peter Mujunga Gathuru v Harun Osoro Nyamboki & another [2021] KEELC 2945 (KLR)

Summary at a glance

Facts

The Plaintiff, Peter Mujunga Gathuru, claimed that the Defendants, Harun Osoro Nyamboki and NESCO Services Limited, had encroached onto his land and constructed a gate and wall, preventing him from accessing the land. The Plaintiff had previously filed a HCCC No. 2874 of 1997, which was decided by Kuloba J. in 1999, declining to grant specific performance.

Issues

• Whether the Defendants' encroachment on the Plaintiff's land constitutes a trespass
• Whether the Plaintiff is entitled to a temporary injunction to prevent further encroachment and to have the gate and wall demolished

Reasoning

The court found that the Plaintiff is the legal and beneficial owner of the land and that the Defendants' actions have interfered with his quiet use and possession of the land.

Outcome

The Plaintiff's application for a temporary injunction is granted.

Orders

• Temporary injunction to restrain Defendants from trespassing and constructing on the Plaintiff's land
• Demolition of the gate and wall on the Plaintiff's land

Remedies

• Demolition of the gate and wall on the Plaintiff's land