Nyaramba & another (Suing as Personal Representatives of the Estate of Japheth Mbeche Nyaramba - Deceased) v Mogusu & another (Environment & Land Case E006 of 2023) [2023] KEELC 21311 (KLR) (7 November 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21311
- Citation
- [2023] KEELC 21311 (KLR)
- Decided
- 7 November 2023
Summary at a glance
TypeBoundary DisputePostureApplication for Injunction DismissedCoramMUNYAO SILA
The court dismissed the application for injunction with costs, finding no prima facie case for trespass and encroachment.
Facts
The plaintiffs claim a boundary dispute with the defendants over land parcel No. 665, alleging trespass and construction activities. The defendants deny these allegations.
Issues
- Whether the plaintiffs have demonstrated a prima facie case for trespass and encroachment
- Whether the plaintiffs have established irreparable harm
Reasoning
The court found no evidence of trespass by the defendants into the land parcel No. 665, and the plaintiffs did not provide a surveyor's report to support their claim.
Outcome
Application dismissed with costs
Orders
- Application for injunction dismissed
Authorities cited
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