Sham Deshpal Wadhwa v Habib Abu Mohamed & 5 others [2015] KECA 921 (KLR)
- Court
- Court of Appeal
- Case number
- 921
- Citation
- [2015] KECA 921 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling dismissing a Notice of Motion for interlocutory injunctionsCoramH. M. OKWENGU, ASIKE-MAKHANDIA, F. SICHALE
Holding
We allow the appeal, and set aside the order dismissing the application dated 14th September 2012, and substitute thereof an order allowing the application.
Facts
The deceased claimed to be the registered proprietor of a parcel of land known as Kilifi/Jimba/441, which the respondents had illegally acquired, subdivided, and sold to the 3rd and 4th respondents.
Issues
- Whether the learned judge misdirected himself on the standard of proof and arrived at a decision that was plainly wrong.
- Whether the learned judge correctly applied the principles for grant of interlocutory injunctions.
Reasoning
The learned judge misdirected himself on the standard of proof and arrived at a decision that was plainly wrong. The evidence available before the learned judge was sufficient to lead to a conclusion that there was an issue regarding the ownership of the suit property.
Outcome
The appeal is allowed.
Orders
- Joint and several restraint on the 1st, 3rd and 4th respondents from constructing on or continuing with the construction of any building or other structures on the parcels of land known as Kilifi/Jimba/441, Kilifi/Jimba/1382 and Kilifi/Jimba/1383 and the subdivisions thereof pending the hearing and determination of the trial in the High Court.
- Joint and several restraint on the 1st, 3rd and 4th respondents from further alienating, selling, transferring, leasing and/or charging or in any other manner whatsoever from having any dealings with all those parcels of land known as Kilifi/Jimba/441, Kilifi/Jimba/1382 and Kilifi/Jimba/1383 and the subdivisions thereof pending the hearing and determination of the trial in the High Court.
- Inhibition of the registration of any dealings of whatsoever nature with the parcels of land known as Kilifi/Jimba/441, Kilifi/Jimba/1382 and Kilifi/Jimba/1383 or any subdivision thereof pending the hearing and determination of the trial in the High Court.
Remedies
- Award of costs of the appeal to the appellant as against the respondents.
Authorities cited
Cases cited (2)
- Mbogo & Another v Shah [1968] EA 98
- Munyu Maina v Hiram Gathiha Maina [2013] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…