John P. Omukuba v Ali Chibole Mmbwana [2017] KEELC 2220 (KLR)
- Court
- Environment & Land Court
- Case number
- 2220
- Citation
- [2017] KEELC 2220 (KLR)
- Decided
- 19 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBoundary DisputePostureApplication for Interlocutory InjunctionCoramN. A. MATHEKA
Holding
The application is dismissed as the defendant has not shown that they will suffer loss which cannot be adequately compensated in damages.
Facts
The plaintiff and defendant are registered proprietors of land parcels BUTSOTSO/SHIKOTI/1872 and BUTSOTSO/SHIKOTI/933 respectively. The dispute has existed since 2002 regarding the boundaries of the land.
Issues
- Whether the defendant has shown that unless the injunction is granted, they will suffer loss which cannot be adequately compensated in damages.
Reasoning
The court considered the principles set out in GIELLA VS CASSMAN BROWN & CO. LTD and found that the defendant has not met the criteria for an interlocutory injunction.
Outcome
Application dismissed
Authorities cited
Cases cited (1)
- GIELLA VS CASSMAN BROWN & CO. LTD 1973 E.A 358
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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