Sagalla Ranchers Limited v Makalo & 97 others (Environment & Land Case E005 of 2023) [2024] KEELC 3872 (KLR) (Environment and Land) (16 May 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3872
- Citation
- [2024] KEELC 3872 (KLR)
- Decided
- 16 May 2024
Summary at a glance
TypeBoundary DisputePostureApplication for Temporary Injunction DismissedCoramEK WABWOTO
The court lacks jurisdiction to hear the suit due to the alternative remedy provided by the Land Registration Act and the Plainti has not established exceptional circumstances.
Facts
Sagalla Ranchers Limited claims that Amos Makalo and 97 others illegally trespassed on their land (L.R No. 12277/8 and L.R No. 12277/9) and engaged in illegal activities.
Issues
- Whether the court lacks jurisdiction to hear the suit by dint of Section 18 and 19 of the Land Registration Act No. 3 of 2012.
- If the answer to the above is negative, whether the Plainti has made a case for grant of the reliefs sought.
Reasoning
The court found that the Plainti has not demonstrated that the Defendants are engaging in illegal activities and thus, no prima facie case has been established.
Outcome
The Plainti's application for temporary injunction is dismissed.
Orders
- The application dated 13th December 2023 is hereby dismissed.
- The Preliminary Objection dated 17th January 2024 is unmerited and is dismissed.
Authorities cited
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