Slyvia Maria Hallal - Weis v Rashid Abdalla Mwamzungu & 2 others [2017] KEELC 2909 (KLR)

Summary at a glance

Facts

The plaintiff, Sylvia Maria Hallal-Weiss, claims to have purchased and developed the suit property (KWALE/UKUNDA/4512). The defendants, Rashid Abdalla Mwamzungu and Reanate Wolf Wein, registered the property in their names without the plaintiff's involvement.

Issues

• Whether the defendants' registration of the property is valid
• Whether the plaintiff can be granted an injunction to prevent the defendants from transferring, selling, or dealing with the property until the suit is heard

Reasoning

The court finds that the plaintiff has demonstrated a prima facie case and that she would suffer irreparable harm if the defendants dispose of the property. The court also finds that there is a need to preserve the suit property until the hearing.

Outcome

Appeal upheld

Orders

• Temporary injunction restraining defendants from transferring, selling, or dealing with the suit property

Remedies

• Preservation of the suit property until the hearing

Authorities cited