Dabo v Noor & 6 others (Environment & Land Case 010 of 2021) [2022] KEELC 3103 (KLR) (13 June 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3103
- Citation
- [2022] KEELC 3103 (KLR)
- Decided
- 13 June 2022
The court grants a temporary injunction to prevent the defendants from entering, trespassing, and interfering with the land parcel. The plaintiff is allowed to serve the defendants by substituted service, and the plaintiff is awarded costs for the application.
Facts
Diba Hussein Dabo claimed ownership of land parcel Isiolo Township Block 1/159, which he purchased in 2013. In 2019, defendants trespassed onto the land and began claiming ownership. Dabo reported the defendants to the CID, and they were charged with forcible detainer. Despite the charges, the defendants continued to trespass and sell portions of the land.
Issues
- Ownership of the land parcel Isiolo Township Block 1/159
- Temporary injunction to prevent trespassing and interference with the land
Reasoning
The court found that the plaintiff is the legally registered owner of the land and has a prima facie case with high chances of success. The defendants' actions violated the plaintiff's right to private property under the Constitution of Kenya 2010.
Outcome
Appeal upheld
Orders
- Granting a temporary injunction to prevent trespassing and interference with the land parcel
- Allowing the plaintiff to serve the defendants by substituted service
- Awarding costs to the plaintiff
Remedies
- Temporary injunction to prevent trespassing and interference with the land parcel
Authorities cited
Legislation (1)
- Constitution of Kenya 2010
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