Vincent Ochung Abondo & 14 others v Lucas Awadha Okado & another [2019] KECA 329 (KLR)
- Court
- Court of Appeal
- Case number
- 329
- Citation
- [2019] KECA 329 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the ruling and orders at the Environment and Land CourtCoramASIKE-MAKHANDIA, P. O. KIAGE, OTIENO ODEK
Holding
The learned Judge dismissed the application for interlocutory injunction as the respondents were the registered owners of the properties in question.
Facts
The appellants sought an interlocutory injunction against the respondents to restrain them from further sub-division, sale, transfer, charges, leases, destruction, wastage, development and any other dealings on parcels North Sakwa/Nyawita/6102, 6422 & 6423, which were registered in the names of the respondents.
Issues
- Whether the plaintiffs have established a prima facie case with a possibility of success for temporary injunction order to issue at this stage.
- Who pays the costs.
Reasoning
The learned Judge considered that the appellants could not have a right to injunct the properties as they were the absolute and indefeasible owners of their respective parcels in terms of the Land Registrations Act.
Outcome
The appeal is dismissed with costs.
Authorities cited
Cases cited (4)
- GIELLA -vs- CASSMAN BROWN & COMPANY LIMITED [1973] EA 360
- NGURUMAN LIMITED -vs- JAN BONDE NIELSEN & 2 OTHERS [2014] eKLR
- MBOGO & ANOTHER -vs- SHAH [1968] EA 93
- MRAO LIMITED -vs- FIRST AMERICAN BANK OF KENYA LIMITED & 2 OTHERS [2003] 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.
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