Kihuba Holdings Limited v Is-Hak Yasin Mohamed & another [2017] KEELC 77 (KLR)

Facts

The Plaintiff, Kihuba Holdings Limited, sought a temporary injunction against the 1st Defendant, Is-Hak Yasin Mohamed, to prevent him from entering, trespassing, constructing on, or evicting the Plaintiff from the suit premises known as Mombasa/Mwembelegeza/1473. The 1st Defendant, in turn, sought a permanent injunction against the Plaintiff to prevent the Plaintiff from interfering with the 1st Defendant's possession, occupation, and use of Plot Number Mombasa/Mwembelegeza/1626.

Issues

1. Whether the Plaintiff has established a prima facie case for a temporary injunction.
2. Whether the Plaintiff has established a prima facie case for a permanent injunction.
3. Whether the Plaintiff's suit should be struck out.

Reasoning

The Plaintiff failed to demonstrate a prima facie case with a probability of success regarding Plot Number Mombasa/Mwembelegeza/1473. The Plaintiff also failed to prove that it will suffer any damage if the 1st Defendant proceeds to construct the wall. The court found that the balance of convenience tilts in favor of the 1st Defendant who is the registered owner of Plot Number Mombasa/Mwembelegeza/1626.

Outcome

Both applications are dismissed.

Authorities cited