ANDREW MBAKAYA BULINDA v NATHAN CHITUI WIJENJE [2009] [2009] KEHC 3209 (KLR)
- Court
- High Court of Kenya
- Case number
- 3209
- Citation
- [2009] KEHC 3209 (KLR)
- Decided
- 25 June 2009
The Court found that the Defendant trespassed on the Plaintiff's land and that his actions infringed on the Plaintiff's right of enjoyment. The Court granted restraining orders to prevent the Defendant from interfering with the Plaintiff's peaceful occupation of the land.
Facts
The Plaintiff, Andrew MBAKAYA BULINDA, is the registered owner of Plot No. ISUKHA/SHISWA/1198. The Defendant, Nathan CHITUI WIJENJE, claims equitable ownership of the land and has been using it since 1995. He claims to have planted Eucalyptus trees on the property.
Issues
- Whether the Defendant trespassed on the Plaintiff's land
- Whether the Defendant's actions infringe on the Plaintiff's right of enjoyment of the property
- Whether the Plaintiff should be granted restraining orders
Reasoning
The Court ruled that the Defendant's actions were unauthorized and that the Plaintiff should be allowed to peacefully occupy the land pending the hearing and determination of the suit.
Outcome
Granted restraining orders
Orders
- Restraining orders against the Defendant to prevent interference with the Plaintiff's peaceful occupation of the land
Authorities cited
Cases cited (1)
- MRAO LTD. VS FIRST AMERICAN BANK OF KENYA LTD. & 2 OTHERS, 2003, KLR, 589
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