Waigwa & 21 others v Kimemia Engineering Construction Co Ltd & 3 others (Environment & Land Case E439 of 2021) [2024] KEELC 1833 (KLR) (4 April 2024) (Judgment)

Summary at a glance

Facts

The Plaintiffs are 22 in number, suing on behalf of deceased persons. The Plaintiffs seek a permanent injunction against the 1st Defendant to prevent them from dealing with the suit property.

Issues

• Whether the suit by and on behalf of the 1st, 2nd, 3rd, 7th, 11th and 13th Plaintiffs are competent or otherwise.
• Whether the Plaintiffs acquired lawful and legitimate rights to the suit property or any portion thereof.
• Whether the 1st Defendant acquired lawful rights and interests to the suit property and if so, whether the 1st Defendant is entitled to the requisite protection under the law.
• What reliefs, if any, ought to be granted.

Reasoning

The Plaintiffs failed to establish their case due to the lack of letters of administration for the deceased persons. The 1st Defendant provided sufficient and credible evidence to support their claim.

Outcome

Appeal dismissed

Orders

• The suit by the 1st, 2nd, 3rd, 7th, 11 and 13th Plaintiffs be and are hereby struck out.
• The suit by and on behalf of the rest of the Plaintiffs be and is hereby dismissed.
• Judgment be and is hereby entered in favor of the 1st Defendant in the following manner: a. The 1st Defendant be and is hereby declared as the lawful and legitimate proprietor of L.R No. 209/4844/124.
• The Plaintiffs be and are hereby ordered to vacate and hand over vacant possession of the suit property within 120 days from the date hereof.
• In default to vacate and hand over vacant possession of the suit property within 120 days from the date hereof, the 1st Defendant shall be at liberty to evict the Plaintiffs from the suit property and in this respect an eviction shall issue without further recourse to court.

Remedies

• Vacation and handover of the suit property within 120 days.
• Eviction of Plaintiffs from the suit property in default.

Authorities cited