Joel Musembi Kithuku v Bernadet Mbatha & another [2017] KEELC 1714 (KLR)
- Court
- Environment & Land Court
- Case number
- 1714
- Citation
- [2017] KEELC 1714 (KLR)
- Decided
- 29 September 2017
The Plaintiff's application for an injunction and deposit of rental income is dismissed.
Facts
The Plaintiff, Joel Musembi Kithuku, claims to be the beneficial owner of the land known as L.R. No. 337/509, which was developed by his deceased brother, Jacob Nyamai Kithuku. The Plaintiff alleges that he contributed towards the development of the land and that the rental income should be shared between him and the deceased. The 1st and 2nd Defendants dispute these claims.
Issues
- Whether the Plaintiff has a proprietary interest in the land
- Whether the Plaintiff can be granted an injunction to prevent the disposal of the land
Reasoning
The court finds that the Plaintiff has not established a prima facie case with chances of success to enable the grant of an injunction. The Plaintiff's claims regarding the contribution towards the development of the land and the sharing of rental income are not supported by evidence.
Outcome
Application dismissed
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