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Rosalid Julia Ngugi Murungi v Washington Rwigi & another [2015] KEHC 1223 (KLR)

[2015] KEHC 1223 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1223
Citation
[2015] KEHC 1223 (KLR)
Decided
29 October 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for Restraining Orders and InjunctionsCoramP. M. NJOROGE
Holding

The application is allowed in terms of prayer 1. Prayer 2 is only allowed to the extent that the defendants are restrained from taking over the Plaintiff's matrimonial home. Caroline Mwenda Njagi, daughter of the deceased husband of the plaintiff, should also be allowed full access to the matrimonial home.

Facts

The plaintiff, Rosalid Julia Ngugi Murungi, alleged that the defendants, Washington Rwigi and Humphrey Muchiri, chased away her workers from a tea farm, took her water tank, and interfered with her matrimonial home.

Issues

  1. Restraining orders against the 1st defendant from interfering with the land parcels
  2. Restraining orders against the 1st and 2nd defendants from taking over the applicant's cows and matrimonial house
  3. Costs of the application to be paid by the respondents

Reasoning

The court found that the defendants interfered with the plaintiff's property and ordered restraining orders accordingly.

Outcome

Application allowed

Orders

  • Restraining orders against the 1st defendant from interfering with the land parcels
  • Restraining orders against the 1st and 2nd defendants from taking over the applicant's cows and matrimonial house

Remedies

  • Costs of the application to be paid by the respondents
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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