Sambo & another v Mwakio & another (Civil Appeal E082 of 2022) [2025] KECA 913 (KLR) (23 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 913
- Citation
- [2025] KECA 913 (KLR)
- Decided
- 23 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment and decree of the Environment and Land Court of KenyaCoramGW NGENYE-MACHARIA, Mrima, Munyao Sila, Mwangi Njoroge
Holding
The Court of Appeal dismissed the appeal and affirmed the judgment of the Environment and Land Court.
Facts
The appellants filed a suit against the 1st respondent seeking a declaration that a sale agreement was illegal, null and void, and an injunction against the defendant from entering upon the land.
Issues
- Capacity of the appellants to institute the suit
- Granting of mandatory injunction
- Granting of specific performance
- Payment for survey
Reasoning
The Court of Appeal found that the appellants had capacity to institute the suit, the mandatory injunction was granted in accordance with the law, and specific performance was granted without due regard to legal principles.
Outcome
Appeal dismissed
Orders
- Declaration that the sale agreement was illegal, null and void
- Injunction against the defendant from entering upon the land
- Costs of the suit
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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