Wangai v Hunja (Environment & Land Case E010 of 2021) [2022] KEELC 2386 (KLR) (16 June 2022) (Judgment)

Facts

The respondent sued the appellant for a permanent injunction, claiming the appellant had wrongfully claimed a portion of 11⁄4 acres out of parcel 1743 on which he operated a quarry. The appellant denied the claim and counterclaimed, asserting her deceased husband was the vendor of parcel 1743.

Issues

1. Whether the appellant was properly sued in her personal capacity.
2. Whether the trial court erred in law in dismissing the appellant's prayer for an interim injunction.
3. Whether the trial court erred in law in failing to grant the appellant's prayer for the District.
4. Whether the trial court erred in law in dismissing the appellant's prayer for an account.

Reasoning

The court determined that the trial court erred in law by failing to address the prayer for an account and by not providing reasons for declining it. The court also found that the trial court did not exercise its discretion judiciously in declining the order.

Outcome

Appeal successful on grounds of the trial court's failure to address the prayer for an account and the lack of reasons for declining it.