St. James A.C.K Kimilili (Kama Group) v Stanley Barasa & 2 others [2013] KEHC 1997 (KLR)
- Court
- High Court of Kenya
- Case number
- 1997
- Citation
- [2013] KEHC 1997 (KLR)
- Decided
- 8 October 2013
The court finds that the plaintiff's claim to plot No. KIM”B”18 is valid and that the defendants' construction on the plaintiff's plot is not justified.
Facts
The plaintiff, St. James A.C.K Kimilili (Kama Group), claims to have been allotted plot No. KIM”B”18, while the defendants, Stanley Barasa, Rodgers Wekesa, and Hezron M. Barasa, claim to have been allotted plots Nos. 60, 61, and 62 in Kimilili Town. The plaintiff alleges that the defendants have begun construction on the plaintiff's plot, which they claim does not exist.
Issues
- Whether the plaintiff's claim to plot No. KIM”B”18 is valid.
- Whether the defendants' construction on the plaintiff's plot is justified.
Reasoning
The court ruled that the plaintiff was allotted plot No. KIM”B”18 and that the defendants' construction on the plaintiff's plot was not justified due to lack of financial assistance from the defendants.
Outcome
The court granted an injunction restraining the defendants from constructing and interfering with the plaintiff's enjoyment, possession, and occupation of plot No. KIM”B”18.
Orders
- An injunction restraining the defendants from constructing and interfering with the plaintiff's enjoyment, possession, and occupation of plot No. KIM”B”18.
- The case was transferred to Kimilili Principal Magistrate court for trial and determination.
Remedies
- Injunction
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