Ubhi, HSC v Mohamed (Environment & Land Case E039 of 2023) [2024] KEELC 157 (KLR) (24 January 2024) (Ruling)

Summary at a glance

Facts

Kundan Singh Ubhi, HSC is the registered owner of LR. No. 20203 IR No. 65250 in Mavoko Municipality, Machakos District. A dispute arose when Adbinassir Hassan Mohamed and his invitees entered and took possession of the land, putting up illegal structures.

Issues

• Whether the applicant has met the conditions for grant of both interlocutory and mandatory injunctions.
• Ownership of the suit property.

Reasoning

The court found that the applicant has demonstrated being the registered proprietor of the suit property and that the defendant's actions pose a threat to the execution of any decree that may issue in favour of the applicant.

Outcome

The defendant is restrained from entering upon, damaging, wasting, carrying out construction and further construction on the suit property pending the hearing of the suit.

Orders

• The defendant is restrained from entering upon, damaging, wasting, carrying out construction and further construction on the suit property pending the hearing of the suit.
• The OCS Mlolongo police station is directed to supervise compliance with the orders.
• The costs of the application are awarded to the applicant.

Remedies

• Injunction

Authorities cited