Caselaw

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURT ELC NO. 526 OF 2010 OASIS PROPERTIES LTD …………………...……………..1ST PLAINTIFF WANDEMI DEVELOPERS LTD ………………...………….2ND PLAINTIFF JOSEPH NG’ANG’A NJUGUNA ………….……….………..3RD PLAINTIFF JAMES NJUGUNA MBURU …………………………..……4TH PLAINTIFF JOHN GITHUA NJUGUNA …………………………...…..…5TH PLAINTIFF EDWARD NDUNG’U MEREKA …………………........….…6TH PLAINTIFF LOISE WANGUI MEREKA .............................................…...7TH PLAINTIFF JOHN NJENGA NJUGUNA ………………………….…….8TH PLAINTIFF VERSUS DANIEL OTIENO MIGANGA ………………....…………..1ST DEFENDANT DAVID J. KOLLAL …………………………...……..……2ND DEFENDANT GILBERT THUO MACHARIA …………………...………..3RD DEFENDANT ROYSA COMMUNITY SELF HELP GROUP..........………4TH DEFENDANT RULING This application was served but did not elicit any response. The 1st Plaintiff owns L.R. Nos 12803/20, 21, 22, 23, 28, 29, 30, 36, 37, 38, 39, 44 and 45; the 2nd Plaintiff owns L.R. No. 27981/1 formerly L.R. No. 12083 (2-13) and L.R. Nos 12083/14, 17, 18, 19, 24, 25, 26, 40 and 41; the 4 th and 5th Plaintiffs own L.R. No. 12803/31; the 5 th and 6th Plaintiffs own L.R. 12803/16; and the 8 th Plaintiff owns L.R. No. 12803/15. They have produced respective documents of ownership. Their case is that on 2nd November 2010 the Defendants and their agents came onto these parcels by force and caused damage to property, chased away their employees and are purporting to survey the parcels and to create new parcels out of these existing ones. These are prima facie acts of trespass, malicious damage and interference with the Plaintiffs right to private property and quiet enjoyment of the same. These acts have to be restrained. On basis of the principles enunciated in the case of Giella –Vs- Cassman Brown & Co. Ltd [1973] EA 358, I allow the application in terms of prayers 3, 4 and 6. DATED AND DELIVERED AT NAIROBI THIS 31ST DAY OF MARCH 2011 A. O. MUCHELULE JUDGE