Lengare Ole Ngape v Mpaa Ole Damo & another [2017] KEELC 6 (KLR)
- Court
- Environment & Land Court
- Case number
- 6
- Citation
- [2017] KEELC 6 (KLR)
- Decided
- 31 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory Motion for InjunctionPostureAppeal from a decision of the Environment and Land CourtCoramCHRISTINE OCHIENG
Holding
The Court declines to grant the injunctive orders as the title to the property is in dispute and finds that a full trial is necessary.
Facts
The Plaintiff claims to be the owner of the suit parcel allocated in 1968, while the 1st Defendant claims to have inherited the land from his father and registered as the absolute owner in 2015. The Plaintiff alleges forgery and fraud.
Issues
- Whether the Plaintiff is entitled to injunctive orders
- Whether the Plaintiff has demonstrated a prima facie case with probability of success
Reasoning
The Court finds that the Plaintiff has not demonstrated a prima facie case and that the title to the property is in dispute, thus declining to grant the injunctive orders.
Outcome
The Court declines to grant the injunctive orders.
Orders
- An inhibition order be and hereby registered by the Land Registrar Kajiado as against land parcel number LOITOKTOK/ENDONET/401 of any dealings, selling by private treaty, alienating, leasing or charging pending the hearing and determination of the dispute.
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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