Daykio Plantations Limited v Thomas Oginga Onyango & 3 others [2013] KEHC 1824 (KLR)
- Court
- High Court of Kenya
- Case number
- 1824
- Citation
- [2013] KEHC 1824 (KLR)
- Decided
- 22 October 2013
The costs of the Plaintiff's Notice of Motion dated 19th July 2012 shall be in the cause.
Facts
The Plaintiff claims to be the registered owner of Land Reference Number 8442 located at Mwiki Njiru in the City of Nairobi. The Defendants have entered the property and started excavations and stone mining, damaging the property. The Defendants claim to be mining on a different parcel of land (L.R. Nairobi/Njiru/280) as licensees and that the property is public land. They also mention they have filed a case in Milimani Commercial Courts (CMCC 3583 of 2012) and obtained orders restraining the Plaintiff's directors from interfering with their activities.
Issues
- Ownership of the suit property
- Right to mine on the suit property
- Public or private status of the suit property
Reasoning
The Plaintiff is the registered owner of the suit property and the Defendants are damaging it by mining on it. The Defendants' claims about the property being public land and their case in Milimani Commercial Courts are not supported.
Outcome
The Plaintiff's Notice of Motion is granted.
Orders
- Temporary injunction against the Defendants to restrain them from entering, excavating, stone mining, damaging and/or in any way dealing with the suit property pending the hearing and determination of this case.
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