Sarah Waimaitha Kihara & 2 others v Robert Macharia Muthama [2017] KEELC 2614 (KLR)
- Court
- Environment & Land Court
- Case number
- 2614
- Citation
- [2017] KEELC 2614 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePlaintiffs seek a temporary injunction to restrain the Defendant from transferring, charging, offering for sale or disposing of certain land parcels pending the hearing and determination of the suit.CoramS. OKONG’O
Holding
The Plaintiffs have satisfied the conditions for the grant of the order sought.
Facts
The deceased and the Defendant were registered as joint proprietors of the land parcels. The Plaintiffs averred that the Defendant had transferred some of the parcels to his sole name and illegally subdivided others.
Issues
- Whether the Plaintiffs have established a prima facie case against the Defendant.
- Whether the Plaintiffs would suffer irreparable injury which cannot be compensated in damages.
- Whether the Defendant had the right to transfer the suit properties to his sole name without the consent or authority of the deceased's estate.
Reasoning
The Plaintiffs have established a prima facie case against the Defendant. The Defendant had no right to transfer the suit properties to his sole name without the consent or authority of the deceased's estate. The Plaintiffs would suffer irreparable injury if the injunction is not granted.
Outcome
The Plaintiffs' Notice of Motion is allowed.
Orders
- The Defendant is restrained from transferring, charging, offering for sale or disposing of the land parcels L.R No. Kajiado/Ntashart/325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 341, 342, 343, 345, 346, 347, 348, 349, 350, 360, 361, 362, 363, 7630, 7631, 7632 and 7633 pending the hearing and determination of the suit.
- L.R No. Kajiado/Ntashart/7631 and 7632 are excluded from the order.
Remedies
- Temporary injunction
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.
Loading judgment…