OASIS PROPERTIES LTD & 7 other v DANIEL OTIENO MIGANGA & 3 others [2011] KEHC 2380 (KLR)

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

V E R S U S

DANIEL OTIENO MIGANGA ………………....…………..1ST DEFENDANT

DAVID J. KOLLAL …………………………...……..……2ND DEFENDANT

GILBERT THUO MACHARIA …………………...………..3RD DEFENDANT

ROYSA COMMUNITY SELF HELP GROUP..........………4TH DEFENDANT

R U L I N G

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 4th and 5th Plaintiffs own L.R. No. 12803/31; the 5th and 6th Plaintiffs own L.R. 12803/16; and the 8th 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

J U D G E