Lawrence Nginga Maranga v Headmaster Chaani Primary School & 4 others [2017] KEELC 1980 (KLR)
- Court
- Environment & Land Court
- Case number
- 1980
- Citation
- [2017] KEELC 1980 (KLR)
- Decided
- 19 July 2017
The Plaintiff/Applicant has failed to demonstrate a prima facie case with a probability of success and the balance of convenience is in favor of the Respondents. The application is dismissed.
Facts
Lawrence Nginga Maranga, the Plaintiff, claims to be the owner of Plot No. 511 and that he can only access this property through a public road separating Plot No. 151 and Plot No. 2412. The 1st-4th Defendants/Respondents have erected structures on this road, impeding his access.
Issues
- Whether the Plaintiff/Applicant's application has met the conditions to warrant the orders sought to be granted.
- Whether the balance of convenience is in favor of the Respondents.
Reasoning
The court found that the Plaintiff/Applicant has not shown a prima facie case and that the Respondents have projects funded by taxpayers' money, making the balance of convenience in their favor. The court also noted that the survey report filed by the Plaintiff is not by the county surveyor and cannot be relied on.
Outcome
Application dismissed
Orders
- Temporary injunction not granted
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap 21)
- Civil Procedure Rules
Cases cited (1)
- Giella vs Cassman Brown & Co Ltd (1973) EA 358
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