Consolata Pande & another v Ashish Bhupendera Patel & 4 others [2017] KEELC 2654 (KLR)
- Court
- Environment & Land Court
- Case number
- 2654
- Citation
- [2017] KEELC 2654 (KLR)
- Decided
- 14 June 2017
The court finds the notice of motion dated 25th November 2015 to be without merit and dismisses it with costs.
Facts
The Plaintiffs, Consolata Pande and Jenifer Oloo Oliech, are suing as legal representatives of the estate of Abomo Olengo, deceased. They seek a temporary injunction against Ashish Bhupendra Patel and Karia Nishma Ramesh Karia, the 1st and 2nd Defendants, to prevent them from disposing of, subdividing, mortgaging, charging, selling, transferring or leasing out land parcel Kisumu/Ojola/2103 pending the hearing and determination of this suit.
Issues
- Whether the Plaintiffs have established a prima facie case with a probability of success for a temporary injunction order to issue at the interlocutory stage.
- Who pays the costs.
Reasoning
The Plaintiffs failed to establish a prima facie case with a probability of success for a temporary injunction order. The court found that the Plaintiffs have not taken any steps to enjoin Silvanus Onyiego Nyawaga, who is the actual transferor of the land.
Outcome
The notice of motion is dismissed with costs.
Orders
- The notice of motion is dismissed with costs.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Loading judgment…