Jackton Siundu Mukhwana v Protus Sawenja & another [2020] eKLR Case Summary

Court
Environment and Land Court at Kitale
Category
Civil
Judge(s)
Mwangi Njoroge
Judgment Date
September 04, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the key legal insights from Jackton Siundu Mukhwana v Protus Sawenja & another [2020] eKLR. This case summary highlights pivotal rulings and implications for future cases.

Case Brief: Jackton Siundu Mukhwana v Protus Sawenja & another [2020] eKLR

1. Case Information:
- Name of the Case: Jackton Siundu Mukhwana v. Protus Sawenja & John Wakoli Sawenja
- Case Number: ELC NO. 60 OF 2019
- Court: Environment and Land Court at Kitale
- Date Delivered: 4th September 2020
- Category of Law: Civil
- Judge(s): Mwangi Njoroge
- Country: Kenya

2. Questions Presented:
The primary legal issue presented in this case is whether the court should grant a temporary injunction to restrain the defendants from constructing any structures or dealing with the disputed land parcels pending the hearing and determination of the suit.

3. Facts of the Case:
The plaintiff, Jackton Siundu Mukhwana, claims a proprietary interest in two land parcels, Kiminini/Kiminini Block 8 (Birunda Farm)/342 and Kiminini/Kiminini Block 8 (Birunda Farm)/340. He alleges that he was forcibly removed from the land by the defendants, Protus Sawenja and John Wakoli Sawenja, who are the 1st and 2nd defendants, respectively. The plaintiff asserts that the defendants have begun constructing permanent structures on the land without his consent. The plaintiff had previously acquired plot Number 1 from Birunda Farm Company Ltd in 1986 but was evicted in 2017 during a prior dispute with the defendants’ mother. The plaintiff seeks a declaration that the defendants' registration as proprietors of the land is null and void and requests that he be reinstated as the rightful owner.

4. Procedural History:
The plaintiff filed a Notice of Motion on 28th April 2020, seeking a temporary injunction against the defendants. The application was supported by his affidavit, which outlined the grounds for the injunction, including the claim of proprietary interest and the alleged unjust eviction. The defendants did not file a replying affidavit, but they submitted their written arguments later. The court examined the application, focusing on whether to issue a temporary injunction pending the main suit's determination.

5. Analysis:
- Rules: The court considered the relevant provisions under Order 40 Rules 1, 2, and 4 of the Civil Procedure Rules and Sections 1A, 1B, and 3A of the Civil Procedure Act, which govern the issuance of injunctions.
- Case Law: The court referenced previous cases that establish the criteria for granting injunctions, including the necessity of demonstrating a prima facie case, the possibility of irreparable harm, and the balance of convenience. The plaintiff's claims were not contested by the defendants, reinforcing the prima facie case.
- Application: The court found that the plaintiff established a prima facie case, although it was noted that the construction by the defendants did not necessarily constitute irreparable harm. However, the court determined that the balance of convenience favored preserving the land's status quo until the case could be fully heard.

6. Conclusion:
The court granted the plaintiff's application for a temporary injunction, restraining the defendants from making any alterations to the disputed land parcels until the main suit is resolved. This ruling emphasizes the importance of maintaining the status quo in property disputes and the court's role in preventing potential injustices during ongoing litigation.

7. Dissent:
There were no dissenting opinions noted in this ruling, as the decision was made by a single judge.

8. Summary:
The ruling in Jackton Siundu Mukhwana v. Protus Sawenja & John Wakoli Sawenja underscores the court's commitment to protecting property rights during litigation. By granting the temporary injunction, the court aims to prevent further complications while the substantive issues surrounding ownership and eviction are determined. This case highlights the procedural safeguards available to parties in civil disputes regarding land ownership.

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