Lawrence Ogaro Onyiego & another v Samwel Minika & another [2017] KEELC 3576 (KLR)
- Court
- Environment & Land Court
- Case number
- 3576
- Citation
- [2017] KEELC 3576 (KLR)
- Decided
- 24 February 2017
The court declines to grant the order of injunction sought in the plaintiffs' application dated 12th November 2015 and dismisses both the plaintiffs' application and the 1st defendant's application.
Facts
The plaintiffs claim that the defendants have entered onto the suit land and are forcefully using tractors to construct a road of access through the suit premises when there is no such a road. The plaintiffs assert that the defendants have damaged a gate leading to the suit premises and have destroyed crops that have been cultivated thereon and there is threat that they will demolish the plaintiffs’ permanent house unless they are restrained.
Issues
- Whether the plaintiffs have established a prima facie case with a probability of success for an injunction.
- Whether the plaintiffs would suffer irreparable harm or damage if the injunction is not granted.
Reasoning
The court finds that the plaintiffs have not demonstrated a prima facie case with a probability of success and that the plaintiffs would not suffer irreparable harm or damage if the injunction is not granted.
Outcome
Both the plaintiffs' application and the 1st defendant's application are dismissed.
Orders
- The plaintiffs' application for injunction is dismissed.
- The 1st defendant's application to strike out the plaintiffs' suit is dismissed.
Remedies
- No orders for costs and each party will bear their own costs.
Authorities cited
Legislation (2)
- Government Proceedings Act Cap 40 Laws of Kenya
- Civil Procedure Act
Cases cited (1)
- Giella –vs- Cassman Brown & Co. Ltd [1973] E.A 358
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