P K A v H S A & another [2016] KEELC 487 (KLR)
- Court
- Environment & Land Court
- Case number
- 487
- Citation
- [2016] KEELC 487 (KLR)
- Decided
- 27 May 2016
Summary at a glance
The Plaintiff's application for an injunction to prevent eviction is allowed for an 8-month period.
Facts
The Plaintiff and the Defendant's son, M, were married in 1995. They moved to Nairobi and were given a house to live in. In 2004, they had a child, A. The marriage broke down in 2006, and the Plaintiff sought custody of A and property rights. The Court of Appeal awarded custody to the Plaintiff and A jointly. The Plaintiff continued to occupy the house.
Issues
- Proprietary estoppel
- Irreparable injury
Reasoning
The court is doubtful about the nature of the improvements made to the property and the Plaintiff's claim of a promise to occupy it for life. The Plaintiff has been in occupation for 21 years and has no alternative premises.
Outcome
The Plaintiff's application for an injunction is allowed.
Orders
- An injunction restraining the Defendants from evicting the Plaintiff from the house for 8 months or until the hearing of the suit, whichever comes first
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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