Stanley M. Kiteto v Ndila Mulwa [2017] KEELC 297 (KLR)

Facts

The Applicant, Stanley M. Kiteto, filed a notice of motion application seeking an injunction to stop any compensation for construction of Thwake Multipurpose project on parcel No. KALAWA/KATHULUMBI/577, registered in the name of the Respondent, Ndila Mulwa. The Applicant claims ownership of a portion of the land based on a sale agreement, but lacks evidence to prove it.

Issues

1. Whether the Applicant has a prima facie case with probability of success.
2. Whether the Applicant will suffer irreparable injury if the injunction is not granted.

Reasoning

The court finds that the Applicant has not shown a prima facie case and that the Respondent has title documents to the suit premises, making it unlikely that the Applicant will suffer irreparable injury. The balance of convenience tilts in favor of the Respondent.

Outcome

Application dismissed