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ELCAllowedNot stated in the judgment· [2017] KEELC 3218 (KLR)
Anna Chebet Langat v David Tessot [2017] KEELC 3218 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Kenyan landowner with a valid title deed won an order keeping a trespasser off her land while the case is decided.
What this practically means
#Executive summary
#The plaintiff sued by plaint filed on 11 October 2016 claiming ownership of land parcel Nakuru/TinetKabongoi Settlement Scheme/1304, allocated to her in 1977 by the Ministry of Lands and titled on 12 October 2005. She averred that the defendant forcefully invaded the property in June 2015, fled upon confrontation, returned in February 2016, erected temporary structures and began sowing maize without any colour of right. She sought a permanent injunction, eviction and vacant possession. Together with the plaint she filed an application for an interlocutory injunction restraining the defendant from the land pending hearing of the suit. Despite service, the defendant filed nothing in opposition, so the ruling proceeded on the plaintiff's uncontroverted material. The court noted the annexed title deed and photographs depicting the alleged trespass, and observed that the defendant had adduced nothing to demonstrate any rights over the land. Holding that the plaintiff had demonstrated a prima facie case with a probability of success and deserved possession pending determination, the court allowed the application and issued an order restraining the defendant, pending the hearing and determination of the case, from entering, being upon, living in, cultivating or in any other way making use of the suit land or interfering with the plaintiff's possession. The plaintiff was awarded the costs of the case. The judgment was delivered in open court at Nakuru on 1 March 2017 by Munyao Sila J.
Key legal issues
#01
Whether an interlocutory injunction should issue to restrain the defendant from the suit land
Holding
Injunction granted; the plaintiff demonstrated a prima facie case with probability of success and deserves possession pending determination of the suit.
Reasoning
The plaintiff annexed a title deed issued on 12 October 2005 and photographs depicting the alleged trespass. The defendant, though served, filed no response and adduced nothing demonstrating any right over the land. The court found no reason why the defendant should remain on the land pending hearing, and granted the injunction as sought.
p. 1
Legal principles established
#- A party who files nothing to oppose a motion and demonstrates no rights over suit land leaves the plaintiff's uncontroverted material standing; where a prima facie case with probability of success is shown, the plaintiff deserves possession pending trial.
Court orders
#- 1.Application for injunction allowed
- 2.Pending the hearing and determination of the case, the defendant restrained from entering, being upon, living in, cultivating, or in any other way making use of land parcel Nakuru/TinetKabongoi Settlement Scheme/1304 or in any other way interfering with the plaintiff's possession
- 3.Plaintiff to have the costs of the case
- Jurisdiction invoked
- Inherent jurisdiction of the Environment and Land Court to grant interlocutory injunctive relief pending hearing of a suit concerning land (not expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Anna Chebet Langat v David Tessot [2017] KEELC 3218 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3218/eng@2017-03-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.