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ELCOtherNot stated in judgment· [2018] KEELC 4643 (KLR)

Stella Kagwiria Kamau v Paul Njuguna Waweru [2018] KEELC 4643 (KLR)

Environment and Land Court
5 February 2018
KBK. BOR
352 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan court froze a disputed plot for both parties because neither could prove with a map exactly which plot was which.

What this practically means

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Executive summary

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The Plaintiff applied by notice of motion dated 28th July 2017 for an injunction to restrain the Defendant from dealing with Plot number 223 situated in Kasarani Mwiki, Nairobi, pending hearing and determination of her suit. She claimed that the Government of Kenya allocated land known as L.R. Number 8470 (L.R. 10794/1) to the Ruaka Squatters Upgrading Scheme, which was subdivided into plots; that she bought Plot number 223 from Samuel Kuria Muhia in 2016 for Kshs. 350,000; and that the Defendant unlawfully entered her land, dug trenches and deposited building materials. The Defendant contended that he bought Plot number 268 in December 2010 and took possession. Each party annexed certificates of ownership issued by the Scheme for their respective plots. The court framed the issue as whether the Plaintiff had demonstrated a prima facie case. It found that both parties appeared to own plots within the Scheme, but the dispute turned on whether the contested plot was number 223 or 268. Since neither party produced an area map showing the exact location of the plots on the ground, the court could not determine on which plot the Defendant was constructing. In the interest of justice, the court ordered preservation of the suit property by restraining both parties from dealing with the plot in dispute until its number is determined, with each party bearing its own costs. Judgment was delivered by K. Bor, Judge, on 5th February 2018 at Nairobi.

Key legal issues

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01

Whether the Plaintiff established a prima facie case warranting an interlocutory injunction

Holding

The Plaintiff did not demonstrate a prima facie case sufficient to grant the unilateral injunction sought because the identity and location of the disputed plot could not be established on the evidence

Reasoning

Both parties claim under the Ruaka Squatters Upgrading Scheme and each produced certificates for their respective plots (223 and 268). However, neither produced an area map showing the exact location of both plots on the ground, leaving the court unable to determine on which plot the Defendant was constructing. The court instead opted to preserve the suit property by restraining both parties pending determination of the plot number.

p. 2

Legal principles established

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  • Where competing claims to land cannot be resolved on the documents, the court may preserve the suit property by restraining both parties pending determination of ownership

Court orders

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  1. 1.Both parties restrained from dealing with the plot in dispute until a determination is made as to what plot number it is
  2. 2.Each party to bear its own costs
Jurisdiction invoked
Not expressly stated; first-instance civil 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, "Stella Kagwiria Kamau v Paul Njuguna Waweru [2018] KEELC 4643 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4643/eng@2018-02-05

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