Mercy Wanjiru & 3 others v Gerald Kariuki Wabacha & 2 others [2015] KEELC 772 (KLR)
- Court
- Environment & Land Court
- Case number
- 772
- Citation
- [2015] KEELC 772 (KLR)
- Decided
- 7 May 2015
The interim injunction is set aside and the parties are directed to complete compliance with Order 11 of the Civil Procedure Rules within the next 30 days.
Facts
The plaintiffs claim to be the registered proprietors of land parcels known as Nairobi/Block 107/1131 and Nairobi/Block 107/1132 in Umoja Zone Nine, Nairobi. The defendants have erected a perimeter wall and illegal structures on the land, and the plaintiffs claim irreparable loss if the defendants are not restrained.
Issues
- Consolidation of multiple suits
- Disclosure of full facts and information
- Irreparable harm
Reasoning
The court ordered consolidation of multiple suits involving the same land parcels, and the plaintiffs did not provide full disclosure of all relevant facts and information. The interim injunction was granted without full disclosure, and the court substituted the same order in the consolidated cases.
Outcome
Interim injunction set aside
Orders
- Parties to complete compliance with Order 11 of the Civil Procedure Rules within 30 days
Remedies
- Costs to be in the cause
Authorities cited
Legislation (1)
- Civil Procedure Rules
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