Cyrus Gituto Mugo v David Wachira Mugo & another [2015] KEHC 1925 (KLR)
- Court
- High Court of Kenya
- Case number
- 1925
- Citation
- [2015] KEHC 1925 (KLR)
- Decided
- 9 October 2015
The court granted the plaintiff/applicant's application for an injunction restraining the defendants/respondents from alienating or dealing with the land parcel No. INOI/MBETI/515.
Facts
The plaintiff/applicant, Cyrus Gituto Mugo, claims that the defendant/respondent, David Wachira Mugo, fraudulently transferred a family land parcel (INOI/MBETI/515) to him. The plaintiff/applicant has lived on the land for over 23 years and claims adverse possession.
Issues
- Whether the defendants/respondents can alienate or deal with the land parcel No. INOI/MBETI/515.
- Whether the order declaring the 2nd defendant/respondent to be the legal owner of the land can be set aside at this stage.
Reasoning
The court found that the plaintiff/applicant has lived on the land for over 23 years and has acquired it by adverse possession. The 1st defendant/respondent has fraudulently transferred the land to the 2nd defendant/respondent.
Outcome
The plaintiff/applicant's application for an injunction was granted.
Orders
- The defendants/respondents are restrained from alienating or dealing with the land parcel No. INOI/MBETI/515 pending the full trial.
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