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ELCAllowedNot stated in judgment· [2017] KEELC 1903 (KLR)

Umagara Wiyonere Co. Limited v Samuel Gitonga [2017] KEELC 1903 (KLR)

Environment and Land Court
31 July 2017
KBK. BOR
261 words in judgment
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The bottom line

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A Nairobi land owner stopped a neighbour's garage and car wash business by proving ownership and showing irreparable harm, winning a court injunction.

What this practically means

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Executive summary

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The Plaintiff, registered owner of L.R. No. 28395 in Nairobi County, sought an injunction to restrain the Defendant from encroaching on the Suit Property at Santon Kasarani and from operating a car garage and car wash business on it. The Defendant was served but declined to accept service, stating the matter could be settled at the chief's office, and did not appear. In support of the application the Plaintiff annexed a police abstract issued after it reported the encroachment at Kasarani Police Station in June 2017, photographs showing the structure the Defendant had constructed and was using as a shade for the garage and car wash, and a letter from the Ministry of Interior summoning the Defendant to the chief's office on 23rd June 2017. The court, per K. Bor J, was satisfied that the Plaintiff had established a prima facie case and that it would suffer irreparable damage if the orders were not granted. It issued an injunction prohibiting the Defendant, his agents or servants from carrying on the car garage and car wash business on the Suit Property or encroaching on it until the suit is heard and determined, and awarded the Plaintiff the costs of the suit. The judgment is dated and delivered at Nairobi on 31st July 2017.

Key legal issues

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Entitlement to an interlocutory injunction restraining encroachment and use of the Suit Property

Holding

The court found a prima facie case and irreparable damage and granted the injunction until the suit is heard and determined.

Reasoning

The Plaintiff is the registered owner of L.R. No. 28395. It evidenced the Defendant's encroachment and operation of a car garage and car wash through a police abstract from Kasarani Police Station, photographs of the structure built on the land, and a Ministry of Interior letter summoning the Defendant to the chief's office. Service was effected though the Defendant declined to accept it. On that material the court was satisfied on both limbs and granted the prohibitory order pending full hearing.

p. 2

Legal principles established

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  • An interlocutory injunction may issue where the plaintiff shows a prima facie case and irreparable damage if the order is not granted.

Court orders

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  1. 1.An injunction prohibiting the Defendant, his agents or servants from carrying on the business of a car garage and car wash on the Suit Property or encroaching on it until this suit is heard and determined
  2. 2.The Plaintiff to have the costs of this suit
Jurisdiction invoked
Not stated in judgment (first-instance suit before the Environment and Land Court)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Umagara Wiyonere Co. Limited v Samuel Gitonga [2017] KEELC 1903 (KLR)", Case Analysis (2017). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1903/eng@2017-07-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.