Raurenjia Nguru Njiri & another v Jane Terry Wanjiru Mbogo [2017] KEELC 1651 (KLR)
- Court
- Environment & Land Court
- Case number
- 1651
- Citation
- [2017] KEELC 1651 (KLR)
- Decided
- 26 September 2017
Summary at a glance
Facts
The 1st Plaintiff, Raurenjia Nguru Njiri, filed a notice of motion seeking two interlocutory injunctions against the Defendant, Jane Terry Wanjiru Mbogo, to restrain her from harvesting, cultivating, utilizing, damaging, causing acts of waste by cutting trees and interfering with the suit property. The Defendant, Jane, claimed she was married to the 1st Plaintiff's son and had been using the suit property for 17 years.
Issues
- Whether the 1st Plaintiff has satisfied the requirements for the grant of an order for interlocutory injunction.
- Whether the 1st Plaintiff is likely to suffer irreparable loss or damage unless the orders sought are granted.
Reasoning
The 1st Plaintiff as the current registered owner has made out a prima facie case with a probability of success, but the allegations of fraud can only be conclusively determined by the trial court at a later stage.
Outcome
The 1st Plaintiff's notice of motion dated 8th March 2017 is hereby disallowed. There shall be no orders as to costs.
Orders
- The suit shall be heard on priority basis.
- The court shall give directions on the hearing of the suit at the time of delivery of the ruling.
Remedies
- No remedy was granted as the application was dismissed.
Authorities cited
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