Patel (As the Administrator of the Estate of Kanji Naran Patel) v Kiptoo & 8 others (Civil Application E588 of 2024) [2025] KECA 446 (KLR) (7 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 446
- Citation
- [2025] KECA 446 (KLR)
- Decided
- 7 March 2025
An order of injunction is issued restraining the 5th respondent from interfering with the peace and quiet enjoyment of, or evicting the applicant and the 8th and 9th respondents from the suit property.
Facts
The applicant, as the administrator of the estate of Kanji Naran Patel, sought an injunction to prevent the respondents from demolishing or interfering with the applicant's structures in the suit properties. The respondents claimed they had leased the properties for over 30 years and were running a school there.
Issues
- Whether the applicant's application for stay of execution, order of injunction, and further proceedings is merited
- Whether the respondents' lease and operation of the school on the properties are valid
Reasoning
The court found that part of the suit properties is occupied by parties other than the 5th respondent and that the interests of children are at stake, thus granting the stay order.
Outcome
The appeal is allowed, and an order of injunction is issued.
Orders
- Order of injunction restraining the 5th respondent from interfering with the peace and quiet enjoyment of, or evicting the applicant and the 8th and 9th respondents from the suit property
Remedies
- Reinstatement of the applicant's right to enjoy the suit property
Authorities cited
Legislation (1)
- Article 53(2) of the Constitution
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