CHRIST CHAPEL MINISTRIES v GLORIA NDUNGE KATEE [2012] KEHC 5912 (KLR)
- Court
- High Court of Kenya
- Case number
- 5912
- Citation
- [2012] KEHC 5912 (KLR)
- Decided
- 24 September 2012
The Court granted the Plaintiff's application for a temporary and permanent injunction against the Defendant, her agents, servants, and any person claiming through her, to prevent trespassing, alienation, and interference with the Plaintiff's peaceful and quiet possession of the suit land.
Facts
The Plaintiff, Christ Chapel Ministries, claims to be the owner and proprietor of land known as X42 in Huruma area within Nairobi. The Defendant, Gloria Ndunge Katee, is alleged to have unlawfully trespassed upon the suit land, harassing, intimidating, and interfering with the Plaintiff's peaceful enjoyment of the property.
Issues
- Whether the Plaintiff has a legitimate title to the land
- Whether the Defendant's actions constitute a breach of the Plaintiff's fundamental rights
Reasoning
The Court found that the Plaintiff has a legitimate title to the land and that the Defendant's actions constitute a breach of the Plaintiff's fundamental rights.
Outcome
Granted
Orders
- Temporary injunction
- Permanent injunction
Remedies
- Restraint of the Defendant's actions
Authorities cited
Legislation (1)
- Civil Procedure Act
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