Monicah Nafula Adui & another v Leonard Shanya [2017] KEELC 2275 (KLR)
- Court
- Environment & Land Court
- Case number
- 2275
- Citation
- [2017] KEELC 2275 (KLR)
- Decided
- 19 July 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInjunctionPostureApplication for InjunctionCoramA. K. KANIARU
Holding
The application is found meritorious and injunctive relief is granted to run until the suit is heard and determined.
Facts
The Applicants claim to be the registered owners of land parcels SAMIA/BUDONGO/2577 and SAMIA/BUDONGO/2578, which the Respondent is alleged to have illegally entered and used. The Respondent claims to have inherited the land through his late mother.
Issues
- Whether the Respondent should be restrained from entering, using, selling, constructing or dealing with the land parcels.
- Whether the Applicants are entitled to costs of the application.
Reasoning
The Court finds a prima facie case for irreparable loss and the balance of convenience lies in the Applicants' favour. The Respondent's actions are considered to be muscle-flexing and not in accordance with due process.
Outcome
The application is found meritorious and injunctive relief is granted.
Orders
- Injunctive relief to run until the suit is heard and determined.
- Costs of the application to be in the cause.
Remedies
- Injunctive relief
Authorities cited
Legislation (1)
- Civil Procedure Act (Cap 21)
Cases cited (1)
- MANFRED WALTER SCHMITT vs DUBAI BANK LIMITED & 2 Others: [2014] 2014 eKLR
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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