Francis Muriuki M’Ibere v Maungo Njuruitha [2005] KEHC 1676 (KLR)

Facts

The respondent filed a plaint in the lower court claiming a permanent injunction against the appellant to prevent him from trespassing on his land. The respondent alleged that the disputed land measuring 1.4 acres was part of his land, L.R. No. Abogeta/Upper Kithangari/531, and that it was separated from the appellant's land, L.R. No. Abogeta/Upper Kithangari/130, by a road of access. The appellant admitted that L.R. No. Abogeta/Upper Kithangari/531 was registered in his name but claimed that the disputed land belonged to him through his deceased father, who was the registered owner of L.R. No. Abogeta/Upper Kithangari/130.

Issues

1. Whether the respondent has a right to a permanent injunction against the appellant to prevent him from trespassing on his land.
2. Whether the appellant's claim for the rectification of the boundaries of the disputed land is valid.

Reasoning

The court found that the respondent had a right to the permanent injunction as the disputed land was part of his registered land and the appellant had no legal claim to it.

Outcome

The court granted the respondent a permanent injunction.