Karisa Charo Karisa v Anas Hassan Musa & 3 others [2017] KEELC 2416 (KLR)

Facts

The Plaintiff, Karisa Charo Karisa, claims to be the lawful administrator of a parcel of land known as Kilifi/Mtondia/469, which he alleges originally belonged to his grandparents. The Defendants, Anas Hassan Musa, Mackston Karisa Garama, and Rachel Dama Kadenge Masha, have built structures on the land and are opposing the Plaintiff's claim.

Issues

1. Whether the Plaintiff has a prima facie case with a probability of success regarding his claim to the land
2. Whether the Plaintiff is entitled to an interlocutory injunction to prevent the Defendants from claiming ownership, trespassing, sub-dividing, or transferring the land

Reasoning

The court found that the Plaintiff did not have a prima facie case with a probability of success, and the conditions for granting an interlocutory injunction were not met.

Outcome

Denied