Lucy Wangari Ngugi v Elizabeth Atieno Wanyanga & another [2017] KEELC 2553 (KLR)
- Court
- Environment & Land Court
- Case number
- 2553
- Citation
- [2017] KEELC 2553 (KLR)
- Decided
- 27 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTemporary InjunctionPosturePlaintiff's Notice of Motion for Temporary Injunction and Order for Completion DocumentsCoramS. OKONG’O
Holding
The Plaintiff's application succeeds in part and is allowed with the following terms
Facts
The Plaintiff and 1st Defendant entered into an agreement for sale of the suit property, and the Plaintiff later assigned her interest to the Plaintiff. The 2nd Defendant failed to provide completion documents, leading to rent demands and disputes.
Issues
- Whether the Plaintiff can obtain a temporary injunction to restrain the 2nd Defendant from selling the property
- Whether the Plaintiff can obtain an order for the 2nd Defendant to deposit relevant completion documents
- Whether the Plaintiff can obtain a mandatory injunction
Reasoning
The Plaintiff has a genuine grievance against the Defendants, and the Plaintiff would suffer irreparable injury if the orders are not granted.
Outcome
The Plaintiff's application is allowed with the specified terms
Orders
- Restraining the 2nd Defendant from selling, charging, alienating, transferring, evicting or interfering with the Plaintiff's quiet and peaceful occupation of the suit property
- Requiring the Plaintiff to pay rent into a joint account with the 2nd Defendant's advocates
Remedies
- Temporary Injunction
- Compulsory Payment of Rent
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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