Johnstone Nyagweso Masongo v Philip Onyari Ogendi & 5 others [2012] KEHC 2130 (KLR)
- Court
- High Court of Kenya
- Case number
- 2130
- Citation
- [2012] KEHC 2130 (KLR)
- Decided
- 23 August 2012
The court declines to grant an injunction as prayed for, but orders that status quo be maintained and that there be no further alienation, transfer, or sale of the suit land pending the hearing and determination of the suit.
Facts
The plaintiff, Johnstone Nyangweso Masongo, claims to own a plot of land known as Plot L.R. No. 8805 at Ikonge Trading Centre. The defendants, Philip Onyari Ogendi and others, claim the land belongs to the County Council of Nyamira. The plaintiff alleges the defendants have trespassed and erected structures on the land.
Issues
- Ownership of the disputed land
- Whether to grant an injunction to restrain the defendants from interfering with the land
Reasoning
The court finds that the defendants have demonstrated actual possession of the suit property and have undertaken development thereon, making it difficult to grant an injunction. The court orders that the status quo be maintained to preserve the suit property.
Outcome
The application is dismissed, and the court orders status quo.
Orders
- Status quo be maintained
- No further alienation, transfer, or sale of the suit land pending the hearing and determination of the suit herein
Remedies
- Costs will abide the outcome of the suit
Authorities cited
Cases cited (1)
- Giella vs Cassman Brown & Co. Ltd [1973] E.A. 358
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