Paul Mboko Mutua & 2 others (suing as registered trustees Redeemed Gospel Church Inc.) v Lazalous Mambo & 3 others [2017] KEELC 3542 (KLR)
- Court
- Environment & Land Court
- Case number
- 3542
- Citation
- [2017] KEELC 3542 (KLR)
- Decided
- 3 March 2017
Summary at a glance
TypeCivil SuitPostureAppeal from an original trial decisionCoramOscar A. Angote
The Plaintiff's application is dismissed with costs as it is an abuse of the court process.
Facts
The Plaintiff, Redeemed Gospel Church Inc., filed an application seeking a temporary injunction against the Defendants to prevent them from invading and sub-dividing the Plaintiff's land. The Defendants claimed they had been occupying the land since 1965.
Issues
- Abuse of process
- Temporary injunction
Reasoning
The Plaintiff has filed multiple suits over the same land, contradicting its claim of no previous proceedings. The court ordered the status quo to be maintained in a previous suit.
Outcome
Dismissed
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