M'ikunyua Mwongera v Njeri wa Chege, John Kimani Chege, Richard Kamau Chege, Wanjiru Chege [2013] KEHC 5668 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ELC CASE NO. 35 OF 2012

M'IKUNYUA MWONGERA.............................................................................PLAINTIFF

VERSUS

NJERI WA CHEGE..............................................................................1ST DEFENDANT

JOHN KIMANI CHEGE........................................................................2ND DEFENDANT

RICHARD KAMAU CHEGE................................................................3RD DEFENDANT

WANJIRU CHEGE..............................................................................4TH DEFENDANT

JUDGEMENT

In this suit, an Interlocutory Judgment was entered for the plaintiff on 20th September, 2012.

Formal proof hearing was conducted on 26. 6.2013.

The plaintiff in his evidence said that his land parcel No. NYAKI/KITHOKA/1697 bordered the land owned by the father of the second, third and fourth defendants.  The first defendant is the wife of the owner of the land and mother of the second, third and fourth defendants.  During the rainy season there is a seasonal river that changes course and enters the plaintiff's parcel of land.  As a result, the defendants, after the rains, change the boundaries of the two parcels of land and encroach upon the plaintiff's land parcel Number NYAKI/KITHOKA/1697.

The plaintiff produced the original Title Deed of Land Parcel Number NYAKI/KITHOKA/1697 as proof of ownership.

The plaintiff asked the Court for judgment against the defendants jointly and severally for an injunction to refrain the defendants from wasting or in any other manner interfering with his land and for an order for the Land Registrar to visit Land Parcels Nos. NYAKI/KITHOKA/1697 and 1671 and to fix the beacons.  He also asked the court to award him damages.

I find that the plaintiff has formally proved his case.  I  issue the following orders:

(a)  An order of permanent injunction restraining the defendants, their agents,servants and/or employees from entering, cutting down the plaintiff's  trees,  committing any acts of waste, or in any other manner  interfering with the plaintiff's land parcel No. NYAKI/KITHOKA/1697.

(b)  An order for the Land register Imenti North District to visit Land Parcels   Nos. NYAKI/KITHOKA/1697 AND NYAKI/KITHOKA/1671 and affix the  beacons.

I award costs to the plaintiff.

Delivered and Signed in Open Court at Meru this 26th day of June, 2013 in the   presence of :

Cc Mwonjaru

Cc Daniel

V. P. Gituma for plaintiff

P. M. NJOROGE

JUDGE