Patrick Gathitu Kariuki v H W H [2017] KEELC 2643 (KLR)
- Court
- Environment & Land Court
- Case number
- 2643
- Citation
- [2017] KEELC 2643 (KLR)
- Decided
- 27 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for Temporary InjunctionCoramS. OKONG’O
Holding
The Plaintiff's application for a temporary injunction is allowed.
Facts
The Plaintiff and Defendant entered into a joint venture agreement for constructing houses on a parcel of land. The Plaintiff paid a deposit and incurred expenses, but the Defendant delayed completion, leading to the Plaintiff's loss and risk of litigation. The Plaintiff sought an injunction to prevent the Defendant from dealing with the land.
Issues
- Whether the Plaintiff has established a prima facie case for a temporary injunction.
- Whether the doctrine of lispendens applies to prevent the Defendant from dealing with the land pending the suit.
Reasoning
The Plaintiff has established a prima facie case for a temporary injunction and the doctrine of lispendens applies.
Outcome
The Plaintiff's application for a temporary injunction is allowed.
Orders
- A temporary injunction is issued restraining the Defendant from constructing, disposing, charging, mortgaging, or creating any encumbrance on the land pending the hearing and final determination of the suit.
Remedies
- The costs of the application are to be in the cause.
Authorities cited
Cases cited (2)
- Mawji Vs. U.S International University & Another (1976) KLR 185
- Naftali RuthiKinyuavs. Patrick ThuitaGachure& Nairobi City Council (2015) eKLR
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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