Joseph Wanyama Kibira v Board of Management St. Teresa Secondary School & another [2021] KEELC 4559 (KLR)
- Court
- Environment & Land Court
- Case number
- 4559
- Citation
- [2021] KEELC 4559 (KLR)
- Decided
- 26 January 2021
The court finds that the plaintiff's suit against the 2nd defendant in his personal capacity is not supported by evidence and should be preserved with the attendant consequence that the 2nd defendant merits costs of the suit against the plaintiff.
Facts
The plaintiff, Joseph Wanyama Kibira, sought orders against the defendants, the Board of Management of St. Teresa Secondary School and Hassan Ndamwe Wakoli, regarding boundary disputes, trespass, and costs.
Issues
- Was it proper to join the 2nd defendant in his personal capacity?
- Does the plaintiff have standing to sue?
- Did the defendants trespass?
- Should a mandatory injunction issue?
- Should a permanent injunction issue?
- Is the plaintiff entitled to general damages?
- Who should bear the costs of the suit?
Reasoning
The court determined that the plaintiff's suit against the 2nd defendant in his personal capacity is not supported by evidence and that the 2nd defendant's presence in the activities leading to the suit is not in doubt.
Outcome
The suit against the 2nd defendant in his personal capacity is preserved with the attendant consequence that the 2nd defendant merits costs of the suit against the plaintiff.
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