Vitalis Peter Lukiri v George Odongo Ogwang' [2015] KEELC 584 (KLR)
- Court
- Environment & Land Court
- Case number
- 584
- Citation
- [2015] KEELC 584 (KLR)
Summary at a glance
TypeCivilPosturePlaintiff seeks a temporary injunction to restrain the Defendant from further construction of flats and the gate being constructed on the suit property.CoramP. NYAMWEYA
The Plaintiff has not established a prima facie case for the grant of a temporary injunction.
Facts
The Plaintiff, Vitalis Peter Lukiri, is the registered and beneficial owner of land titled Ngong/Ngong/26512, where he has constructed a residential house. The Defendant, George Odongo Ogwang', is constructing 8 commercial apartments and a gate on Ngong/Ngong/25753, which is directly opposite the Plaintiff's property.
Issues
- Whether the Plaintiff has established a prima facie case for the grant of a temporary injunction.
- Whether the Plaintiff has suffered irreparable loss that cannot be compensated by an award of damages.
Reasoning
The Plaintiff failed to provide evidence showing that he has a right infringed or threatened with infringement, and the Court found that the Plaintiff has not met the threshold for the grant of temporary orders of injunction.
Outcome
The Plaintiff's Notice of Motion was denied.
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