Meuledi Kitongo Iseme v Nairobi City County & another [2016] KEELC 633 (KLR)
- Court
- Environment & Land Court
- Case number
- 633
- Citation
- [2016] KEELC 633 (KLR)
- Decided
- 29 July 2016
The Plaintiff/Applicant has satisfied all the 3 grounds set out for the grant of a temporary injunction and the balance of convenience tilts in favour of the Plaintiff/Applicant.
Facts
The Plaintiff/Applicant, Meuledi Kitongo Iseme, is the registered proprietor of the suit property, Nairobi/Block 32/1041, within Magiwa Estate. She sought an order of temporary injunction to restrain the Defendants/Respondents from interfering with the suit property pending the hearing and determination of the suit.
Issues
- Whether to grant the Plaintiff/Applicant the temporary injunction she seeks.
- Whether an award of damages suffices to the Plaintiff/Applicant.
Reasoning
The court found that the Plaintiff/Applicant has a prima facie case with a probability of success and that damages would not suffice to atone for the breach of her right of ownership over the suit property. The balance of convenience tilts in favour of the Plaintiff/Applicant.
Outcome
The Plaintiff/Applicant's application for a temporary injunction was granted.
Orders
- The Plaintiff/Applicant was granted an order of temporary injunction restraining the Defendants/Respondents from interfering with the suit property pending the hearing and determination of the suit.
Remedies
- Temporary injunction
Authorities cited
Cases cited (5)
- GIELLA versus CASSMAN BROWN (1973) EA 358
- MRAO versus FIRST AM
- Niaz Mohamed Jan Mohamed versus The Commissioner of Lands (1996) eKLR
- Nguruman Ltd versus Jan Bonde Nielsen (2014) eKLR
- JM GICHANGA versus CO-OPERATIVE BANK OF KENYA LTD (2005) eKLR
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