Paul Ndirangu Muthoni v Kutai Matende Richard & another [2017] KEELC 1057 (KLR)

Facts

The plaintiff/applicant, Paul Ndirangu Muthoni, seeks an interlocutory injunction to restrain the 1st defendant, Kutai Matende Richard, from alienating, encumbering, selling, disposing off, partitioning or interfering with the suit property (Land parcel Laikipia Nanyuki Marura block 111/447). The plaintiff claims that the 1st defendant tricked his mother (the 2nd respondent) into entering into a secret sale agreement with them and illegally transferring the suit property to them. The plaintiff has annexed copies of title deeds and a sale agreement to support his case.

Issues

1. Whether the applicant has shown a prima facie case with a probability of success.
2. Whether damages will be an adequate remedy.
3. On the balance of convenience, should the court be in doubt, it will determine the matter on a balance of convenience.

Reasoning

The court finds that the applicant has not made up a prima facie case with a probability of success. The value of the land is ascertainable, and damages can be easily assessed. The balance of convenience tilts in favor of the 2nd respondent, who is the registered proprietor of the suit property and in possession.

Outcome

Dismissed

Authorities cited