Paul Kipkurui Koskei & another v Stephen Sagiruk & 2 others [2019] KEELC 1215 (KLR)
The bottom line
#A Nakuru court permanently blocked two neighbours from re-routing a road through a family homestead, but cleared the local chief of any involvement.
What this practically means
#Executive summary
#Key legal issues
#Proof of the plaintiffs' claim for a permanent injunction against road construction through their homestead
Judgment entered against the 1st and 2nd defendants jointly and severally with a permanent injunction granted, the plaintiffs' uncontroverted case having been proven on a balance of probabilities
The plaintiffs produced a certificate of confirmation of grant showing the suit parcel was wholly distributed to the 2nd plaintiff, a land certificate, and a notice dated 31st October 2015 from the Assistant Chief stating the 2nd plaintiff's two houses were in the middle of the road and would be demolished within 60 days. With no defence filed and no appearance by the defendants despite service, the case was uncontroverted and the court was satisfied on the evidence.
Liability of the 3rd defendant
The case against the 3rd defendant was dismissed as no involvement in the road construction issues was shown
Although the plaintiffs alleged that the 1st and 2nd defendants had influenced the 3rd defendant, the area chief and the District Officer, to force re-routing of the road, the court found nothing in the material before it demonstrating the 3rd defendant's involvement in the road construction issues, and accordingly dismissed the claim against the 3rd defendant with no order as to costs.
Legal principles established
#- An uncontroverted plaintiff's case proved on a balance of probabilities supports judgment as prayed
Court orders
#- 1.Case against the 3rd defendant dismissed with no order as to costs
- 2.Judgment entered against the 1st and 2nd defendants jointly and severally
- 3.Permanent injunction restraining the defendants by themselves, their servants, employees, contractors and or authorized agents from proceeding with the road construction through the plaintiffs' homestead on land parcel LR No. Nakuru/Olenguruone/Chepakundi/1381
- 4.Plaintiffs awarded costs of the suit and interest thereon
- Jurisdiction invoked
- Original civil jurisdiction of the court in respect of land LR No. Nakuru/Olenguruone/Chepakundi/1381
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Paul Kipkurui Koskei & another v Stephen Sagiruk & 2 others [2019] KEELC 1215 (KLR)", Case Analysis (2019). Case No 115 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1215/eng@2019-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.