Wambugo v Kumoin & another (Environment & Land Case E137 of 2024) [2025] KEELC 3682 (KLR) (8 May 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3682
- Citation
- [2025] KEELC 3682 (KLR)
- Decided
- 8 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureApplication for Interlocutory InjunctionCoramM.D. MWANGI
Holding
The application for an interlocutory injunction is allowed with costs.
Facts
Maria Gathoni Wambugo claims that Raphael Parsitau Kumoin has encroached on her land, subdivided it, and sold the resultant subdivisions to third parties without her consent. She seeks an interlocutory injunction to prevent further sales and to obtain copies of the title deeds of the encroached land.
Issues
- Whether the applicant has made a case for the grant of the orders sought
Reasoning
The court finds that the applicant has established a right that needs to be protected, as the defendant has encroached on her land and disposed of the encroached portion into several portions, which could risk further convoluting the issues and aggravating the alleged violations.
Outcome
The application is allowed with costs.
Orders
- Interlocutory injunction against the 1st defendant from continuing with the sale to third parties of subdivisions of his parcel number Kjd/Dalalekutuk/2926 until the hearing and determination of this suit.
- Mandatory injunction compelling the Land Registrar, Kajiado to issue the applicant copies of title deeds and or copies of the green cards bearing the names and title numbers of the resultant subdivisions of Kjd/Dalalekutuk/2926 that encroach on land parcel number Kjd/Dalalekutuk/29897.
- Order of inhibition on the said title deeds pending the hearing and determination of this suit.
Remedies
- Interlocutory injunction
- Copies of title deeds and green cards
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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