Sammy Chege Njenga & another v Commissioner of Prisons & 2 others [2017] KEELC 2146 (KLR)
- Court
- Environment & Land Court
- Case number
- 2146
- Citation
- [2017] KEELC 2146 (KLR)
- Decided
- 10 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitution PetitionPostureApplication for Interlocutory Injunction DismissedCoramMWANGI NJOROGE
Holding
Application for interlocutory injunction is dismissed
Facts
Petitioners requested land for a hospital in 1998, which was approved and registered in 1992. They were prevented from building due to prison interference. The petitioners claim the land is theirs, while the respondents argue it is government land.
Issues
- Whether the petitioners have a prima facie case for a temporary injunction
- Whether the petitioners are lawfully registered owners of the land
Reasoning
The petitioners have not demonstrated a prima facie case or that they would suffer any loss or damage that would be beyond compensation in monetary terms if the orders sought are not granted pending the hearing of the suit.
Outcome
Application dismissed
Orders
- Application dated 2nd November, 2016 is hereby dismissed with costs
Authorities cited
Cases cited (1)
- Giella –vs- Cassman Brown 1973 EA 359
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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