Rebeccah Mwikali Jacob v Peter Nicholas Mutuku & 2 others [2017] KEELC 3699 (KLR)

Facts

The Plaintiff, Rebecca Mwikali Jacob, seeks an injunction restraining the Defendants from selling, transferring, or interfering with her quiet possession of parcel No. Ndithini/Mananja Block 5/44 pending the hearing and determination of the main suit. The Plaintiff claims she has extensive development on the land and that the Defendants fraudulently registered the land in their names.

Issues

1. Whether the Plaintiff has a valid claim to the land
2. Whether the Plaintiff's application for injunction meets the threshold for grant

Reasoning

The Plaintiff has not shown a prima facie case with chances of success and has other parcels of land in the same settlement scheme. She has also not shown that she will suffer irreparable damage that cannot be compensated in damages.

Outcome

Dismissed