Rose Wanjeri Magwi & another v Arthur Magwi Kagema & another [2016] KEELC 889 (KLR)
- Court
- Environment & Land Court
- Case number
- 889
- Citation
- [2016] KEELC 889 (KLR)
- Decided
- 9 May 2016
The court found that the applicants have a prima facie case with a probability of success and ordered the 2nd respondent to remove temporary structures erected on the suit property.
Facts
The applicants, Rose Wanjeri Magwi and Hable Kagema Magwi, brought a notice of motion seeking to restrain and prohibit the 2nd respondent, James Njukia Ihura, from taking possession of the suit property. The suit property was sold to the 2nd respondent by the 1st respondent, Arthur Magwi Kagema, and the applicants claim the transaction was illegal.
Issues
- Whether the applicants have a prima facie case with a probability of success
- Whether the 2nd respondent should be compelled to surrender/deposit the original title deed in respect of the suit property
Reasoning
The court applied the conditions set out in Giella v. Cassman Brown (1973) EA 358, and found that the applicants had a genuine and arguable case.
Outcome
The applicants' application for a temporary injunction was granted.
Orders
- The 2nd respondent is ordered to remove temporary structures erected on the suit property
Remedies
- Removal of temporary structures
Authorities cited
Cases cited (1)
- Giella v. Cassman Brown (1973) EA 358
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