Nyagoto Investment Limited v D.M Concrete (K) Ltd; County Government of Machakos (Interested Party) (Environment & Land Petition E016 of 2022) [2024] KEELC 903 (KLR) (26 February 2024) (Ruling)

Summary at a glance

Facts

Petitioner claims to be the owner of land parcel LR No. 26647 in Mavoko Municipality, and alleges encroachment by Respondent. The Petitioner seeks an interlocutory injunction and an order for access to the land.

Issues

• Whether the Petitioner is entitled to interlocutory injunctions pending the outcome of the suit.
• Whether the dispute is a boundary dispute and the court's jurisdiction to handle it.

Reasoning

The court considers the documents and emails presented, noting the dispute revolves around boundary establishment. It finds that the matter should first be dealt with by the Land Registrar before proceeding in court.

Outcome

The court denies the Petitioner's application for interlocutory injunctions.

Orders

• The court directs the parties to proceed before the Land Registrar to determine the boundaries.
• The court directs the OCS Mlolongo Police Station to provide security and ensure compliance with court orders herein.

Remedies

• Interlocutory injunctions

Authorities cited