Wekesa Kinisu & another v Fred Sinja [2014] KEHC 4954 (KLR)
- Court
- High Court of Kenya
- Case number
- 4954
- Citation
- [2014] KEHC 4954 (KLR)
The Plaintiffs are entitled to a permanent injunction restraining the Defendant from developing the suit plot until the dispute is resolved. The Defendant's only remedy is to demand a refund of his money from Edward Wekesa Kinisu.
Facts
The Plaintiffs are the sons of Kinisu Totolela, who died in 1999. The Defendant, Fred Sinja, built a 6-roomed building on a plot jointly owned by Totolela and Abraham Kanyanya. The Plaintiffs complained to the District Officer, who issued a letter asking the Defendant to stop building. The Defendant continued, leading to the Plaintiffs filing this suit.
Issues
- Whether the Plaintiffs' claim for a permanent injunction is valid.
- What remedy, if any, is available to the Defendant.
Reasoning
The Plaintiffs provided evidence that the Defendant built a building on the plot without permission, and the District Officer asked him to stop. The Defendant did not file a counter-claim, and the court found no remedy for him.
Outcome
The Plaintiffs' claim is upheld, and the Defendant is ordered to refund his money to Edward Wekesa Kinisu.
Orders
- An order of permanent injunction restraining the Defendant from developing the suit plot until the dispute is resolved.
- The Defendant is ordered to refund his money to Edward Wekesa Kinisu.
Remedies
- Permanent injunction
- Refund of money
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