Robert Cherukwo Chemrigai & another v Philip Lodama & 12 others [2021] KEELC 3384 (KLR)

Summary at a glance

Facts

The plaintiffs are concerned about the demarcation and allocation of the land known as Toghomo Community Land, fearing it would render their clans destitute. The defendants claim they are a self-help group and that the land is not undemarcated.

Issues

• Whether an injunction should issue restraining the defendants from demarcating, allotting, or dealing with the land pending the main suit.
• Whether the plaintiffs have a prima facie case against the defendants and may suffer loss that cannot be compensated for by damages.

Reasoning

The plaintiffs have demonstrated a prima facie case and may suffer loss that cannot be compensated for by damages. The defendants are presumed to be a community residing within the land, and the demarcation should be considered with the participation of the residents.

Outcome

The plaintiffs' application is allowed.

Orders

• That an order of temporary injunction do issue restraining the defendants from demarcating, allotting, or dealing in any other manner with the land pending hearing and determination of the main suit.
• That O.C.S Marich Police Station do supervise and ensure compliance of the court order.
• That the plaintiffs shall file and serve their bundle of documents within 14 days.
• That the defendants shall file and serve their bundle of documents within 14 days.
• That the suit shall be mentioned on the 8th June 2021 for issuance of a hearing date.

Remedies

• Temporary injunction

Authorities cited