David Kimathi Manyara & another v County Government of Marsabit & 3 others [2016] KEELC 1294 (KLR)
- Court
- Environment & Land Court
- Case number
- 1294
- Citation
- [2016] KEELC 1294 (KLR)
- Decided
- 29 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trial outcomeCoramJUDGE, C.A: Daniel/James, Muthomi for Plaintiffs, Omboga for 2nd and 3rd Defendants, Omboga h/b for Godana for 1st Defendant, P. M. NJOROGE
Holding
Interlocutory Prohibitory Injunction granted to Plaintiffs
Facts
The Plaintiffs claim to be the legal owners of Plot L.R NO. 11969/8 Marsabit Township, which the 1st Defendant has put into possession of the 2nd and 3rd Defendants. The 2nd and 3rd Defendants have occupied and constructed structures on the property without the Plaintiffs' consent.
Issues
- Interlocutory Prohibitory Injunction
- Enjoining Interested Party
Reasoning
The Plaintiffs have a good prima facie case and reasonable fear of irreparable loss if the application is not allowed.
Outcome
Appeal dismissed
Orders
- Interlocutory Prohibitory Injunction
- Enjoining Interested Party
Remedies
- Interlocutory Prohibitory Injunction
- Enjoining Interested Party
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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