Gabriel Onga & 30 others v Mbukoni Holdings Ltd & 2 others [2017] KEELC 2549 (KLR)
- Court
- Environment & Land Court
- Case number
- 2549
- Citation
- [2017] KEELC 2549 (KLR)
The court dismissed the Plaintiffs' application for a temporary injunction, finding that the Plaintiffs have not established their proprietorship interests over the suit property and have not demonstrated irreparable injury.
Facts
John Kitosi Kibondo, deceased, was the registered owner of the suit property. The Plaintiffs, who purchased portions of the suit property from the 1st Defendant, Mbukoni Holdings Ltd., sought a temporary injunction against the Defendants to prevent them from transferring, selling, or interfering with their possession of the property.
Issues
- Whether the Plaintiffs have established a prima facie case with a probability of success
- Whether the Plaintiffs will suffer irreparable injury that cannot be compensated in damages if the injunction is not granted
Reasoning
The court ruled that the Plaintiffs have not met the conditions for granting a temporary injunction due to insufficient evidence of their interests in the suit property and the possibility of compensating their losses with damages.
Outcome
The Plaintiffs' application for a temporary injunction was dismissed with costs to the 2nd Defendant.
Orders
- The Plaintiffs' application for a temporary injunction is dismissed with costs to the 2nd Defendant
Remedies
- Damages as an alternative relief
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