George Wachira Iragu & 14 others v Francis Njoroge Gathuru [2015] KEELC 122 (KLR)

Facts

The respondent, Francis Njoroge Gathuru, purchased a land parcel from James Macharia Kanyi and filed a suit against the appellants, George Wachira Iragu and 14 others, for orders of permanent injunction, a declaration that the suit property belongs to him, an order of eviction, and damages for trespass and loss of use. The appellants were operating under the licence granted to Kimani, who had rented out the premises to a motor garage.

Issues

1. Principles to be applied in application for injunction
2. Whether the order for appellants to move out of property pending hearing of the suit was proper
3. Whether the court was convinced that appellants have no claim

Reasoning

The court felt that the plaintiff had demonstrated an overwhelming case with a high chance of success and the appellants had not laid any claim over the subject property. The court was of the view that damages would not be an adequate remedy.

Outcome

Appeal dismissed