Julius Kuria Nganga v Wambui Kigamba [2017] KEELC 2702 (KLR)
- Court
- Environment & Land Court
- Case number
- 2702
- Citation
- [2017] KEELC 2702 (KLR)
- Decided
- 14 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureAppeal from the original trial outcomeCoramL. GACHERU
Holding
The court dismisses the Notice of Motion with costs to the Defendant/Respondent.
Facts
The Plaintiff/Applicant seeks a temporary injunction to prevent the Defendant/Respondent from trespassing, encroaching, and blocking access roads to his parcels of land.
Issues
- Existence of the access road
- Plaintiff's prima facie case for an injunction
Reasoning
The court finds the Plaintiff has not established a prima facie case with probability of success and thus no interlocutory injunction is available.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act (2010)
- Civil Procedure Rules
Cases cited (2)
- Giella vs. Cassman Brown
- Attorney General vs. Kenya Commercial Bank Ltd, Agraha Education Development co. Ltd & others
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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