Paul Kibet Koech v David Kiprono Koske [2017] KEELC 93 (KLR)
- Court
- Environment & Land Court
- Case number
- 93
- Citation
- [2017] KEELC 93 (KLR)
- Decided
- 16 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for Temporary InjunctionCoramJ.M. Onyango
Holding
The court finds it just and equitable to order that the status quo be maintained pending the hearing and determination of the suit.
Facts
Paul Kibet Koech is the registered proprietor of land parcel number KERICHO/CHEMAGEL/2113. He sold a portion of his land to David Kiprono Koske, who subsequently encroached on the remaining parcel.
Issues
- Whether the Plaintiff has met the threshold for the grant of a temporary injunction
Reasoning
The court determined that the Plaintiff has a prima facie case with a probability of success, but the Respondent's claim has not been substantiated. The court decided to maintain the status quo to avoid injustice.
Outcome
Order to maintain status quo pending hearing and determination of the suit.
Orders
- Order to maintain status quo pending hearing and determination of the suit
Authorities cited
Legislation (2)
- Land Registration Act
- Civil Procedure Act
Cases cited (3)
- Giella v Cassman Bro (1973) EA 358
- David I. Githuku v George Munyua Mbira & 2 Others (2013) eKLR
- Mrao v First American Bank of Kenya Limited (2003) eKLR
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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