CHRISTOPHER JOHN KIRUBI V ESTATE SONRISA LIMITED [2012] KEHC 2872 (KLR)
- Court
- High Court of Kenya
- Case number
- 2872
- Citation
- [2012] KEHC 2872 (KLR)
- Decided
- 18 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBoundary DisputePostureApplication for InjunctionCoramAmos W. Simiyu
Holding
The court finds that the Defendant has not erected a wall on the Plaintiff's property and that the Plaintiff's application for an injunction does not meet the criteria for mandatory injunction.
Facts
The Plaintiff claims that the Defendant has erected a wall on his property, Plot No. Kwale/Galu Kinondo/99, which encroaches on his land. The Plaintiff supports his claim with a survey plan and a survey report by a private land surveyor.
Issues
- Whether the Defendant has erected a wall on the Plaintiff's property
- Whether the Plaintiff's application for an injunction meets the criteria for mandatory injunction
- Whether the court has jurisdiction to determine the dispute
- Whether the Defendant has encroached on the Plaintiff's property
Reasoning
The court does not find the Plaintiff's survey plan or report to be credible evidence of encroachment. The survey report does not mention Plot 98, and the surveyor is a private one without corroborative evidence.
Outcome
The Plaintiff's application for an injunction is dismissed.
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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