Diba Hussein Dado v Mohamed Noor [2021] KEELC 569 (KLR)
- Court
- Environment & Land Court
- Case number
- 569
- Citation
- [2021] KEELC 569 (KLR)
- Decided
- 22 November 2021
The Honourable Court granted the Plaintiff's application for temporary injunctions restraining the Defendants from entering, trespassing, and interfering with the Plaintiff's enjoyment, use, and possession of the land parcel ISIOLO TOWNSHIP BLOCK 1/159.
Facts
The Plaintiff, Diba Hussein Dado, claims to be the legally registered owner of land parcel ISIOLO TOWNSHIP BLOCK 1/159, purchased in 2013 from Moses Kirimi Mbogori. The Defendant, Mohamed Noor, trespassed onto the land in 2019 and began claiming ownership. The Plaintiff lodged a complaint with CID, and the Defendants were arrested and charged with forcible detainer. Despite the charges, the Defendants continued trespassing and selling portions of the land.
Issues
- Ownership of the land parcel ISIOLO TOWNSHIP BLOCK 1/159
- Right to peaceful and quiet use and occupation of the land
Reasoning
The Plaintiff has a prima facie case with high chances of success, and the balance of convenience tilts in favor of the Plaintiff. The Defendants' actions are in gross violation of the Plaintiff's right to ownership of private property.
Outcome
Granted
Orders
- Temporary injunction restraining the Defendants from entering, trespassing, and interfering with the Plaintiff's enjoyment, use, and possession of the land parcel ISIOLO TOWNSHIP BLOCK 1/159
Remedies
- Costs to be provided for
Authorities cited
Legislation (1)
- Article 40 of the Constitution of Kenya 2010
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