Vincent Migaliza Kenyagi v Kendi & another (Environment and Land Appeal E007 of 2023) [2024] KEELC 6 (KLR) (18 January 2024) (Ruling)

Facts

The Applicant is the 1st Defendant in an ongoing suit where he is sued jointly with the Land Registrar-Vihiga for a declaration that transfer and registration of land parcel No. Tiriki/Senende/258 into his name was fraudulent and an order for cancellation of the registration, an order of eviction, an order of permanent injunction, special damages, mesne profits and costs of the suit. The trial court granted a temporary injunction and allowed the application.

Issues

1. Whether the trial court erred in granting a temporary injunction and determining the suit without hearing it.
2. Whether the trial court erred in allowing the application for cancellation of the registration and eviction of the Applicant.

Reasoning

The court found that the trial court did not err in granting a temporary injunction and determining the suit without hearing it, as the Applicant is the registered owner of the suit land and has been in possession since 2017. The court also found that the trial court did not err in allowing the application for cancellation of the registration and eviction of the Applicant.

Outcome

Appeal dismissed