Weru & another v Recha & 3 others; Absa Bank Kenya Plc (Interested Party) (Environment and Land Case Civil Suit E195 of 2022) [2022] KEELC 15641 (KLR) (20 December 2022) (Ruling)

Summary at a glance

Facts

The plaintiffs claim that the defendant has trespassed and interfered with their land, while the defendant claims he is the rightful owner and has been paying rates and rent. The plaintiffs allege that the defendant destroyed the gate to the property and invaded the land, while the defendant states he purchased the land and has been paying rent and rates.

Issues

• Whether the plaintiffs have met the criteria for granting the interlocutory injunctions
• Whether the orders sought to compel the 2nd and 3rd defendants to file records pertaining to the suit land are warranted

Reasoning

The court found that the defendant undertook construction on the suit land during the pendency of the status quo orders, thus breaching the status quo.

Outcome

The application for contempt is allowed, and the plaintiffs are awarded costs.

Orders

• Interlocutory injunctions against the defendant
• Contempt order against the defendant

Remedies

• Award of costs to the plaintiffs

Authorities cited