Wycliffe Wagunda Nyabola v Charles Ndusu Karafa [2016] KEELC 573 (KLR)
- Court
- Environment & Land Court
- Case number
- 573
- Citation
- [2016] KEELC 573 (KLR)
The court finds that the Applicant has failed to establish a case for issuance of temporary injunction at this interlocutory stage and dismisses the notice of motion with costs.
Facts
The Applicant, Wycliffe Wagunda Nyabola, sought a temporary injunction to restrain the Respondent, Charles Ndusu Karafa, from interfering with his use of plots 294-SG and 295-SG in Kisumu/Mamboleo. The Applicant claimed these plots were bought from Esther K. Lugalla under a sale agreement dated 17th June 2015. The Respondent, however, claimed he was allocated plot 502-SG under a letter of offer dated 19th November 2010 and bought plot 501-SG from Racheal Apiyo under an agreement dated 5th November 2013.
Issues
- Whether the Applicant has made a case for temporary injunction at this interlocutory stage.
- Who pays the costs.
Reasoning
The court noted that the Applicant's map indicating the ground position of the plots was not signed or certified, and the Respondent's map was also not authenticated. The court concluded that the Applicant did not provide sufficient evidence to establish his claim.
Outcome
Application dismissed with costs
Orders
- Notice of motion dated 1st April 2016 dismissed with costs.
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