Lone Palm Limited v Mtsonga Kabila Charo & 5 others [2018] KEELC 2056 (KLR)
- Court
- Environment & Land Court
- Case number
- 2056
- Citation
- [2018] KEELC 2056 (KLR)
- Decided
- 31 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunctionPosturePlaintiff seeks temporary injunction against Defendants to restrain them from occupying, selling, leasing, transferring and interfering with the title to Plot No. 1605/III/MNCoramAs Murrithi
Holding
The Plaintiff’s application is allowed with costs.
Facts
The Plaintiff, Lone Palm Limited, claims to be the registered proprietor of Plot No. 1605/III/MN. Defendants, including Emmanuel Fadhili Jefwa, claim the land belongs to them and accuse the Plaintiff of trespassing and destroying a community shrine.
Issues
- Whether the Plaintiff has established a prima facie case with a probability of success
- Whether the Defendants have a valid claim to the land
Reasoning
The Court finds merit in the Plaintiff's application as the Defendants have not exhibited evidence of their entitlement to the land and the Plaintiff has shown actual harm suffered.
Outcome
Plaintiff's application for a temporary injunction is allowed
Authorities cited
Cases cited (4)
- Giella –vs- Cassman Brown Company Ltd & Another (1973)EA 358
- Mrao Ltd –vs- First American Bank Ltd & 2 Others(2003)eKLR
- Park View Shopping Arcade –vs- Kangethe & 2 Others (2004) eKLR
- Mohansons (Kenya) Limited –vs- Registrar of Titles & 2 Others(2017) 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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