R U L I N G
Plaintiff/Applicant in this action commenced on 19/07/2018, has endorsed three reliefs namely, declaration of title, perpetual injunction and damages for trespass. The accompanying statement of claim has the details of the nature of his claim. The endorsement and pleadings showed that, Applicant has Land Title Certificate covering the plot he is claiming.
Furthermore, on 30/07/2018, Applicant filed the motion under consideration. It is a motion on notice for an order of interlocutory injunction. The record showed that, he had earlier obtained an order of interim injunction for a limited period.
I have perused the motion paper, the deposition in support, the annexures and the statement of case.
The documents annexed are:
1. Exhibit ‘WF’ – Land Certificate
2. Exhibit ‘WF1’ series coloured photographs and
3. Exhibit ‘WF2’ – an Order of Interim Injunction dated 23/07/2018.
The documentary evidence proffered is corroborative of averments made by the Applicant in s…