Suleiman Salim Mwandogo v Hannelore Mwandogo [2018] KECA 416 (KLR)
- Court
- Court of Appeal
- Case number
- 416
- Citation
- [2018] KECA 416 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling and orders of the Environment and Land CourtCoramALNASHIR VISRAM, W.KARANJA, M.K.KOOME
Holding
The appeal is dismissed with costs to the respondent
Facts
The appellant and respondent were joint proprietors of a house built during their marriage. The respondent claimed the appellant had trespassed by moving into the house with his new wife and son without her consent, and sought a declaration of ownership and an order for specific performance.
Issues
- Whether the respondent's claim for a mandatory injunction was valid
- Whether the trial court erred in granting the injunction
Reasoning
The court found the respondent's claim clear cut and the agreement unequivocal, and the appellant's actions constituted trespass. The court granted the mandatory injunction to restore the status quo.
Outcome
Appeal dismissed
Orders
- Mandatory injunction to compel the appellant to vacate the suit premises
Remedies
- Mandatory injunction
Authorities cited
Legislation (2)
- Matrimonial Property Act 2013
- Article 45 of the Constitution
Cases cited (2)
- Mbogo v. Shah
- African Airlines International Ltd v. Eastern and Southern African Trade & Development Bank
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.
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