Leonard Nzioka Mweke v Edward Mutula & 2 others [2015] KEELC 652 (KLR)

Facts

The Plaintiff, Leonard Nzioka Mweke, claims to be the registered owner and beneficial owner of plots 551 and 552 off Kangundo Road Saika Makonge. The Defendants, Edward Mutula, Jeremiah Mwanzia, and Samson Mutambauki, are alleged to have unlawfully registered ownership of these plots to an unknown person, who is constructing a building on the properties.

Issues

1. Whether the Plaintiff has established a prima facie case for the grant of temporary and mandatory injunctions.
2. Whether the Plaintiff would suffer irreparable loss which may not be compensated by an award of damages.
3. Whether the Defendants have special circumstances shown over and above the establishment of a prima facie case for a mandatory injunction to issue, and even then only in clear cases where the court thinks that the matter is clear.

Reasoning

The court found that the Plaintiff did not establish a prima facie case for the grant of temporary and mandatory injunctions, and that the Plaintiff would not suffer irreparable loss which may not be compensated by an award of damages.

Outcome

The Plaintiff's application was dismissed.

Authorities cited