Amos Muriithi Kariamatu v Margaret Wambui Wamugunda & another [2013] KEHC 2160 (KLR)

Facts

The plaintiff claims to be the registered absolute proprietor of land known as Ruguru/Kiamariga/59. The 1st Defendant, Margaret Wambui Wamugunda, and her son, the 2nd Defendant, John Wachira Wamugunda, have been occupying the land since 1975. The plaintiff alleges that the defendants entered the land without his consent and are preventing him from enjoying the land.

Issues

1. Whether the plaintiff is the registered absolute proprietor of the land
2. Whether the defendants are in occupation of the land without the plaintiff's consent
3. Whether the plaintiff is entitled to a temporary injunction to prevent the defendants from cutting trees or committing acts of wastage

Reasoning

The court considers the plaintiff's claim as a registered absolute proprietor and the defendants' occupation of the land. The court determines that the defendants are in occupation and grants the injunction on the balance of convenience.

Outcome

The court grants a temporary injunction to prevent the defendants from cutting trees or committing acts of wastage pending the hearing of the suit.

Authorities cited