Johnson Wyclife Ambani & John Omuyula M. Odinga v Henry Lubanga Mwimali & Michael Otinga Mwimali (Environment & Land Case 191 of 2016) [2017] KEELC 2886 (KLR) (9 May 2017) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2886
- Citation
- [2017] KEELC 2886 (KLR)
- Decided
- 9 May 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand and Environment CasePostureApplication for Interim InjunctionCoramN.A. MATHEKA
Holding
An interim injunction is granted against the defendants, their family, agents, servants, or any other person claiming on their behalf, restraining them from trespassing, encroaching onto, and cultivating land parcels E. Wanga/Malaha/1163, 1164, and 1165.
Facts
The plaintiffs are the sole registered owners of land parcels E. Wanga/Malaha/1163, 1164, and 1165. The defendants have trespassed onto and cultivated portions of these land parcels.
Issues
- Certification of urgency
- Interim injunction against trespassing and cultivation
- Temporary injunction pending suit
- Costs
Reasoning
The court considered the affidavits and found the defendants' actions illegal and prejudicial to the plaintiffs.
Outcome
Interim injunction granted
Orders
- Interim injunction against trespassing and cultivation
- Temporary injunction pending suit
- Costs awarded
Remedies
- Interim injunction
- Temporary injunction
Authorities cited
Legislation (3)
- Civil Procedure Act
- Order 40
- Order 51
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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