Onkangi & another v Mikubo & another (Environment and Land Case Civil Suit E003 of 2023) [2023] KEELC 22596 (KLR) (28 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 22596
- Citation
- [2023] KEELC 22596 (KLR)
- Decided
- 28 March 2023
The court ordered the plaintiffs to serve the application upon the defendants within 7 days, and the defendants to file and serve their responses within 7 days. If no response is filed, the plaintiffs are to file a further list/bundle of documents incorporating the pleadings and proceedings in Kisii ELC No 754 of 2016.
Facts
Daniel Paul Onkangi and Wilfred K Babu filed an application for an injunction against James M Mangaa Mikubo and Orina Mayenga, claiming that the defendants had destroyed the common boundary between their land parcels, Nyansiongo Settlement Scheme 318 & 319, and entered onto their land, cutting trees.
Issues
- Whether the application for an injunction should be granted.
- Whether the defendants are intruders or purchasers/lessees.
- Whether the defendants have encroached and trespassed on the plaintiffs' land and destroyed the common boundary and beacons.
Reasoning
The court observed that the plaintiffs have not provided copies of the pleadings from the previous suit in Kisii ELC No 754 of 2016, and suggested that the plaintiffs should disclose all material facts in the case.
Outcome
The case was adjourned for oral submissions on April 18, 2023.
Orders
- Order to serve the application upon the defendants within 7 days.
- Order to file and serve responses within 7 days.
- Order to file a further list/bundle of documents if no response is filed.
Remedies
- Injunction to restrain the defendants from cutting trees, trespassing, encroaching, and destroying the common boundary.
- Order to present and submit titles, survey maps, and other documents to the Nyamira Land Registrar.
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