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ELCAllowedApplication dated 4th May, 2017 (suit not stated)· [2018] KEELC 4727 (KLR)
David Makau Wambua v Scolastica Mumo Muteti & another [2018] KEELC 4727 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a ruling on an interlocutory application dated 4th May, 2017 in which the Plaintiff sought an injunction restraining the Defendants from trespassing on, destroying property on, and interfering with parcel Machakos/Mutituni/2298 pending hearing of the suit. The Plaintiff's case was that he bought the land from the family of Peter Munyao by an agreement dated 1st July, 2007, that the Defendants (widow and son of the original owner, Paul Muteti Musyoki) acknowledged the purchase and received Kshs. 30,000 for sub-division, and that on 15th April, 2017 they invaded the land, cutting down banana plants and a fence, with the damage assessed by the Kenya Forest Service at Kshs. 421,575. The Defendants denied that their late father owned Plot No. 2298 and asserted that the destroyed crops were on Mitaboni/Mutituni/2511, registered in favour of the 2nd Defendant in 2012. The court found the Defendants had not denied signing the 2008 agreement, that the Plaintiff took possession and developed the land in the belief it was Plot No. 2298, and that the Defendants exploited the parcel-number confusion to destroy his crop and fence without a court order. The court concluded the Plaintiff required protection against trespass on either parcel and allowed the application as prayed, granting the injunction sought.
Key legal issues
#01
Protection of a purchaser in possession pending full trial
Holding
The Plaintiff was entitled to protection from trespass and destruction of property pending hearing of the suit
Reasoning
The court found the Plaintiff took possession, believing the land was Plot No. 2298, and developed it by erecting a permanent building, fencing and planting bananas, all of which the Defendants admitted destroying. Although the parcel was not formally sub-divided at the time of purchase and there was confusion over parcel numbers, the Defendants exploited that confusion to destroy the Plaintiff's property without a court order, justifying protection.
p. 2
Legal principles established
#- A purchaser in possession who has developed land may be protected from self-help destruction even where there is confusion as to the correct parcel number
Court orders
#- 1.An order restraining the Defendants/Respondents by themselves, their servants, agents and anyone claiming under them or through them from trespassing, destroying property and unlawfully interfering with the Plaintiff's parcel Machakos/Mutituni/2298 pending hearing and determination of the suit
- 2.The Application dated 4th May, 2017 allowed as prayed
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes (interim injunctive relief pending suit)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "David Makau Wambua v Scolastica Mumo Muteti & another [2018] KEELC 4727 (KLR)", Case Analysis (2018). Application dated 4th May, 2017 (suit not stated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4727/eng@2018-01-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.