Oloolua Holdings Ltd v Nairobi City County & 7 others [2017] KEELC 846 (KLR)
- Court
- Environment & Land Court
- Case number
- 846
- Citation
- [2017] KEELC 846 (KLR)
- Decided
- 22 November 2017
The court finds that the applicant has demonstrated a prima facie case with probability of success and allows the application in terms of prayer three (3) and four (4).
Facts
The applicant, Oloolua Holdings Ltd, sought an injunction against the respondents to prevent them from constructing, selling, transferring, or interfering with certain parcels of land. The applicant claimed these parcels were the result of a subdivision of a property registered in its name, which the first respondent illegally subdivided and allocated to the second to eighth respondents.
Issues
- Whether the applicant has a prima facie case with probability of success.
- Whether the balance of convenience favors the applicant's application.
Reasoning
The court ruled that the applicant had a genuine and arguable case, and that its right had apparently been infringed by the respondents. The balance of convenience favored the applicant as the respondents were not known and could not meet any damages.
Outcome
The application for injunction is allowed.
Orders
- Injunction restraining the respondents from constructing, selling, transferring, or interfering with the suit properties.
Authorities cited
Cases cited (1)
- Giella Vs Cassman Brown & Co.Ltd (1973) EA 358
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