Benson Ongoto Ogot & another v Kanyuku Wanjau [2017] KEELC 931 (KLR)
- Court
- Environment & Land Court
- Case number
- 931
- Citation
- [2017] KEELC 931 (KLR)
- Decided
- 6 November 2017
The court orders that the status quo be maintained until the dispute is resolved in a trial, with no further construction or transfer of the property.
Facts
The applicants claim to have purchased the suit property from Joshua Mungai Mweha in 2012, while the respondent claims to be the original allottee of the property from Mahatima Project in 2004. Both parties presented conflicting evidence regarding the ownership of the property.
Issues
- Ownership of the suit property
- Validity of the applicants' purchase
Reasoning
The court found that the conflicting evidence presented by both parties is not conclusive and thus cannot determine the rightful owner at this stage. The court ordered the maintenance of the status quo until a trial can resolve the dispute.
Outcome
The applicants' application for an injunction is granted with conditions.
Orders
- Maintenance of status quo until the dispute is resolved in a trial
- No further construction on the suit property
- No transfer of the suit property by either party until the dispute is resolved in a trial
Remedies
- Maintenance of status quo
- No further construction
- No transfer of property
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