Nyaga v Omollo & another (Environment and Land Case E012 of 2023) [2024] KEELC 3789 (KLR) (12 April 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3789
- Citation
- [2024] KEELC 3789 (KLR)
- Decided
- 12 April 2024
The court allows the application to join the defendants and grants an injunction to restrain the defendants from constructing on the disputed properties.
Facts
The plaintiff, Kefa Micheni Nyaga, claims to be the registered proprietor of three beach blocks (Kwale/Diani Beach Block/1171, 1172, and 1173) in Kwale, Kenya. The defendants, Erick Omollo and Muhsin Bugu, claim to be the registered owners of Kwale/Diani Beach Block/993, which was subdivided without their knowledge, leading to the disputed blocks. The plaintiff alleges that the defendants have trespassed and are preparing to construct on the disputed properties.
Issues
- Whether the defendants should be joined in the proceedings
- Whether the plaintiff should be granted an injunction to restrain the defendants from constructing on the disputed properties
Reasoning
The court finds that the defendants have a stake in the case and their presence is necessary to adjudicate the suit. The plaintiff has established a prima facie case and the status quo should be maintained.
Outcome
Appeal allowed, injunction granted
Orders
- Application to join the defendants allowed
- Injunction granted to restrain defendants from constructing on the disputed properties
Remedies
- Injunction to prevent construction
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- Leonard Kimeu Mwanthi v Rukaria M’twerandu M’iringu; Nathaniel Kithinji Ikiugu & 4 others (Intended Interested Parties) [2021] eKLR
- Republic v National Environment Tribunal, Ex-parte Palm Homes Limited & Another [2013] eKLR
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