Alice Chemutai Konini v Regina Chelangat Konini [2017] KEELC 367 (KLR)
- Court
- Environment & Land Court
- Case number
- 367
- Citation
- [2017] KEELC 367 (KLR)
- Decided
- 16 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureApplication for injunction grantedCoramPresiding Judge
Holding
An injunction is issued restraining the defendant from interfering with the plaintiff's use of the land.
Facts
The plaintiff, Alice Chemutai Konini, was allocated land parcel Nakuru/Nessuit/982. The defendant, Regina Chelangat Konini, claimed to have been living on the land since 1998 and was in possession of a portion of the land. The plaintiff alleges that the defendant interfered with her use of the land in 2016-2017.
Issues
- Whether the plaintiff has a prima facie case to establish that the defendant is interfering with her use of the land.
- Whether the plaintiff's use of the land is irreparably injured by the defendant's interference.
Reasoning
The court found that the plaintiff established a prima facie case and that irreparable injury would result from the defendant's interference. Damages were not an adequate remedy.
Outcome
Application granted
Orders
- An injunction is issued restraining the defendant from interfering with the plaintiff's use of the land.
Remedies
- Injunction
Authorities cited
Cases cited (3)
- Giella –vs- Cassman Brown & Co. Ltd [1973] E.A 358
- Dorcas Indombi Wasike v Benson Wamalwa Khisa & another [2010] eKLR
- Mbothu & 8 Others vs Waitimu & 11 Others [1986] KLR 171
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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