Beatrice Kanzayire & Another v Adam Gasongo [2014] KEELC 18 (KLR)
- Court
- Environment & Land Court
- Case number
- 18
- Citation
- [2014] KEELC 18 (KLR)
- Decided
- 28 November 2014
The court grants the interlocutory injunction restraining Gasongo from obtaining, residing in, managing, or interfering with the suit property until the hearing of the suit.
Facts
Beatrice Kanzayire and Eddy Ntirampeba, as Administrators of the estate of the late Laurent Ntirampeba, seek an interlocutory injunction against Adam Gasongo to restrain him from obtaining, residing in, managing, or interfering with the suit property (Land Reference Number 14605 Nairobi). Gasongo is alleged to have taken possession of the property without the consent of the Administrators.
Issues
- Whether the Respondent (Gasongo) has a legal interest in the suit property.
- Whether the Respondent's possession of the property is unauthorized and should be restrained.
Reasoning
The court finds that the Respondent has no legal interest in the property and that his possession is unauthorized. The court considers the special circumstances of the case, including the Respondent's interference with the estate and the Respondent's lack of interest in the property.
Outcome
The application is granted.
Orders
- Interlocutory injunction restraining Adam Gasongo from obtaining, residing in, managing, or interfering with the suit property until the hearing of the suit.
Remedies
- Restraint of Gasongo's unauthorized possession of the suit property.
Authorities cited
Legislation (2)
- Law of Succession Act (Cap 160)
- Civil Procedure Rules
Cases cited (1)
- Giella –v- Cassman Brown & Co. Ltd [1973] EA 358
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