Richard Kiprotich Kenduiywo v Member of the County Assembly Tuwan Ward & 2 Others [2016] KEELC 1072 (KLR)
- Court
- Environment & Land Court
- Case number
- 1072
- Citation
- [2016] KEELC 1072 (KLR)
- Decided
- 16 February 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for Injunction DismissedCoramE. OBAGA
Holding
The applicant's application is misconceived and dismissed with costs to the respondents.
Facts
The deceased, Sawe Bargero Barechok, was a shareholder of Tuwan Farm Limited and owned plot No. 4546 at Tuwan Farm measuring half an acre. The respondents trespassed on the suit land and started digging up holes for high masts and an office.
Issues
- Whether the suit land belongs to the deceased
- Whether the applicant has a prima facie case with probability of success
- Whether the applicant will suffer loss which will not be compensated in damages
- Whether the balance of convenience favours the applicant
Reasoning
The applicant has failed to demonstrate a prima facie case with probability of success. The suit land was a public utility plot and the applicant has never occupied the land. The balance of convenience does not favour the applicant.
Outcome
Dismissed with costs
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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