Jane Wanjeri Muriu v Lummen Enterprises & 2 others [2017] KEELC 2396 (KLR)
- Court
- Environment & Land Court
- Case number
- 2396
- Citation
- [2017] KEELC 2396 (KLR)
- Decided
- 21 June 2017
An injunction can only be granted to prevent an event that has not occurred. The applicant's application is granted to restrain the first and second respondents from carrying out further construction on the remaining plots until the suit is heard and determined.
Facts
The deceased, Evans Muriu Chege, was allocated three plots by Lummen Enterprises. The applicant, Jane Wanjeri Muriu, is the administrator of the deceased's estate. Construction was ongoing on Plot No. 16/7340/98, Plot No. 17/7340/98, and Plot No. 23/7340/98, which were sold to the third respondent. The applicant sought an injunction to stop further construction.
Issues
- Whether injunction orders can be issued to affect all respondents
- Whether the event of construction on the plots has already taken place
Reasoning
The court finds that the event of construction on the plots has not occurred, and thus an injunction can be issued. The third respondent's purchase of one plot is not contested.
Outcome
Injunction granted
Orders
- Injunction restraining the first and second respondents from carrying out further construction on Plot Nos. 16/7340/98 and Plot No. 17/7340/98 pending the hearing and determination of the suit
Remedies
- Costs of the application to be borne by the first and second respondents
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