David Mwose Mwaluko v Erastus Kiarie Gitau [2017] KEELC 2498 (KLR)
- Court
- Environment & Land Court
- Case number
- 2498
- Citation
- [2017] KEELC 2498 (KLR)
- Decided
- 27 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTemporary InjunctionPosturePlaintiff seeks temporary injunction and order prohibiting removal of caveatCoramS. OKONG’O
Holding
Plaintiff's application for temporary injunction is allowed
Facts
Plaintiff and Defendant entered into a written agreement for sale of a portion of land, but Plaintiff claims Defendant breached the agreement by rescinding it and seeking refund.
Issues
- Whether Plaintiff has a prima facie case for temporary injunction
- Whether Defendant was ready and willing to complete the agreement
Reasoning
Plaintiff demonstrated a prima facie case and would suffer irreparable damage if injunction was not granted. Defendant's rescission was not supported by readiness and willingness to complete the agreement.
Outcome
Plaintiff's application granted
Orders
- Defendant restrained from alienating, selling or disposing of LR. No. 13459/13 or its subdivisions
- Caveat against title of LR No. 13459/13 remains in force
- Plaintiff to be awarded costs
Remedies
- Temporary injunction
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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