Sang v Mungai (Environment & Land Case E045 of 2021) [2022] KEELC 13405 (KLR) (29 September 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 13405
- Citation
- [2022] KEELC 13405 (KLR)
- Decided
- 29 September 2022
The two applications are dismissed with each party bearing their own costs
Facts
Two applications were filed by Jonathan Kaplelaach Arap Sang and Mary Wambui Mungai regarding boundary disputes over two land parcels in Eldoret, Kenya. The first parcel (LR No Ngeria/Kesses Block 5(Bayete)/1) was registered in Simon Karanja Mwangi's name, now deceased. The second parcel (LR No Ngeria/Kesses Block 5(Bayete)/2) was registered in Mary Wambui Mungai's name.
Issues
- Whether the plaintiff in the first application has a prima facie case to warrant issuance of an injunction
- Whether the plaintiff in the second application can be granted injunctive orders
- Which order should be made on costs
Reasoning
The court found that the plaintiff in the first application was either ignorant of the facts or trying to mislead the court, as he claimed ownership of an unsurveyed land but later conceded that it was owned by Simon Karanja Mwangi. The plaintiff in the second application did not have a prima facie case to warrant the requested injunctive orders.
Outcome
Dismissed
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