Diana Kapeen & 2 others v Caroline Leina Lemomo & another [2015] KEELC 627 (KLR)
- Court
- Environment & Land Court
- Case number
- 627
- Citation
- [2015] KEELC 627 (KLR)
- Decided
- 11 February 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramMUNYAO SILA
Holding
The plaintiffs' claim for a permanent injunction to restrain the defendants from the suit land is granted, and the status quo is maintained pending hearing of the suit.
Facts
The plaintiffs are siblings of Livingstone Kapeen, who died in 1996 and 2003. They claim ancestral family land inherited by their father, which they have occupied for 44 years. The defendants, cousins of Livingstone, claim the land as inherited from their late father and are processing title documents.
Issues
- Customary trust claim by plaintiffs
- Fraivolousness of plaintiffs' claim
- Balance of convenience for injunction
Reasoning
The court finds the plaintiffs' claim for a customary trust to be valid and declines the application to strike out the plaint. The balance of convenience is in favor of maintaining the status quo.
Outcome
The plaintiffs' claim for a permanent injunction is granted.
Orders
- Status quo maintained pending hearing of the suit
- Inhibition on registration of any disposition in the register of the suit land
- Inhibition on selling, charging, leasing or otherwise encumbering the suit land
Remedies
- Permanent injunction
- Declaration of ownership
- Registration as proprietors
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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